In my years as a Florida criminal trial attorney, I've found that many arrests are the result of an illegal search and seizure conducted by the police. In general, law enforcement officials need probable cause and/or a warrant signed by a judge to search a person's vehicle, home, or property. In the absence of a warrant, the police are supposed to be restricted from what they are able to search or seize. They may ask a person for their consent to search a vehicle or a home but this may be challenged later on the grounds that the consent was given under duress or forced by the police officer.
Anyone has a constitutionally guaranteed right to refuse such a search request. The Fourth Amendment of the US Constitution states, ""The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." The Fourth Amendment is grounded in the right to privacy and the freedom from undue or unnecessary searches or seizures.
However, there are exceptions to this right. If you give your consent to a search, most courts will find the search "reasonable". Also, if police spot something, for instance, in your vehicle that is clearly illegal such as drugs, they have a reasonable right to conduct a search. Additionally, if the police have arrested a person, they have a legal right to search you and your immediate surroundings for contraband items.
As a general rule, the police do not have a right to search you. If you give them consent for a search you have abandoned your legal right against illegal searches and seizures. Furthermore, the law enforcement official is under no legal obligation to advise of your legal rights against a particular search.
If the police obtain a warrant to search your home, vehicle or property they must provide a written affidavit to a judge who has to authorize the search. The judge will usually limit the search to a specific area or item.
If you consent to a search under duress or fear of the police officer a good trial lawyer can often file a motion to suppress so that whatever was found in the course of the coerced consent to search is thrown out and not admissible in your case.
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