DALE CARSON LAW

Far and away the most common exception to the 4th Amendment warrant requirement is consent. It occurs all the time, and it is typically the easiest way for police to search something they are not actually permitted to in the first place. We always insist that clients talk to a lawyer before handing any of their belongings or places to the police and giving them permission to search. Some grey areas exist, so having a lawyer available to provide consent is important. Even if you plan to already give consent because you’re not worried about them searching the requested area/object, we still recommend you first speak to a lawyer.

Giving Police Permission to Search

Whether you give permission to search or deny the search can greatly impact a verdict under the court of law – especially in criminal cases. After you have consented, you are basically compromising your Fourth Amendment right which is against any unreasonable searches and seizures. This, however, will complicate and even challenge your chances of disputing any evidence that the police will collect as a result of this search. Let it be firmly imprinted on your mind that you do have a right to dismiss a search when there is a no warrant issued in connection with this search, and this happening is not an indication or a testament that you are guilty.

Furthermore, many people are entirely unaware that once they give consent it can’t be limited or retracted. Among our vast criminal defense experience, clients that have consented to searches and were not totally aware of their rights or potential backlashes usually come to us and admit they regret doing it. It’s significant to have legal representation you can go to while you make these decisions and defend your rights.