How to Defend Against a Search and Seizure
It is within your rights to defend yourself against a search and seizure, but you must first understand the concept of probable cause--and how it can instantly empower law enforcement officials. By carefully examining the search warrant, knowing your constitutional rights and avoiding any suspicious activity in the presence of law enforcement officials, you may be able to defend yourself successfully against an illegal search and seizure.
Other People Are Reading
Instructions
-
-
1
Defend yourself against a search and seizure by carefully examining the search warrant for the time, date, location and scope of the search. You may ask the law enforcement officers for their IDs in order to match them to the court authorization on the warrant. Realize, however, that some search warrants may allow the officers to search the premises immediately, before you give consent or sign the warrant.
-
2
Look for errors on the search warrant. Some individuals have been able to defend themselves against search and seizure by noting a discrepancy on the paperwork, such as an expired warrant date, the lack of a proper government seal or judge's signature or the issuance of a warrant from a court that does not have jurisdiction over the area searched.
-
-
3
Refuse to allow a search in an area not specifically covered by the search warrant. Most warrants specify the search of specific rooms or individuals and the seizure of specific items. As long as you're not creating probable cause by acting suspiciously, you can demand an additional search warrant before the scope of the search is expanded.
-
4
Ask the law enforcement officials if you can contact your lawyer before the search begins. In most cases, this will not delay the actual search. However, it does inform the officers that you intend to have the warrant examined by a professional, which may make them reluctant to expand the scope of the search and seizure.
-
5
Do not give consent to law enforcement officers to search your premises if they don't have a search warrant or probable cause. Consent makes the search and seizure legal, despite what the law officers might say. Many law enforcement officials use this bluffing technique to gain entry into a home, hoping the suspects do not know their rights under the law.
-
1
Tips & Warnings
Remain calm if authorities show up on your doorstep with a search warrant. By acting suspicious or making sudden movements, you automatically give the officers probable cause to search and seize anything in or on your property.
