WHEN ARE YOU SEARCHED?

While the law of search and seizure is very complex, and often will depend on the facts and circumstances in a particular case, you should not resist a search with force; however, neither should you consent to an improper search. If you do not object to a particular search, advise the officer who is conducting it that you do not consent, that you do object to the search and ask the officer to identify himself or herself.

In most cases involving search and seizure issues, “reasonableness” of the search is the legal test without a search warrant. If police officers arrive at your premises armed with a search warrant, they may search only the area or portion authorized in the warrant itself. You are entitled to have a copy of the search warrant left with you and served on you if you are present.

If you are arrested in your home, the officers may conduct a limited search of the immediate area where you are arrested without a search warrant. They also may check the rest of the house for any hidden accomplices. They may seize contraband, stolen property, instrumentalities or evidence of a crime that they discover in plain view in any portion of the house where the officers have a right to be.

Your automobile may also be impounded and inventoried if there is no qualified licensed driver or towing agent to take charge of it. If an officer is about to impound your car, tell the officer if you have a relative or friend who will come and get it, or that you have a preference of your own station, to tow your car.