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What Are Your Rights During a Drug-Related Police Search?

You have rights, even if the police believe that you have committed a crime. It’s important to stand up for those rights when you are the subject of a drug-related police search. If you believe that your rights have been violated or that the police did something illegal, then you should talk to a Des Moines drug crime lawyer.

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Is a Warrant Required For a Police Search of My House or Car?

A police search requires a warrant in most cases. A cop cannot just rifle through the belongings in your car or home because they want to. If a cop asks to search your vehicle or home, you should tell them to get a warrant.

They can perform a search if you let them. We do not recommend this. There is no reason to ignore your constitutional rights, even if you have nothing to hide and especially if the police say that cooperating with them will make things easier. You do not have to allow a police search of your car or home for any reason.

One large potential loophole is when the police search for evidence against you in a place where you have no expectation of privacy. We’re talking about your garbage cans. If you put out garbage to the curb, cops are actually allowed to search through it without any warrant. If they find evidence of drug-related crimes, they can use what they found in the trash against you.

What Excuses Can Be Used For a Police Search?

Unfortunately, the cops do have other ways to justify a search. They could argue that they had “probable cause” and that this allowed them to look through your belongings. They can say that they felt like they were in danger or that they smelled marijuana. They can also argue that they saw drugs out in plain sight and that this justifies a police search.

They may also argue “exigent circumstances.” If they go up to a house and can see someone who appears to be dumping drugs down the toilet in a panicked fashion, they can argue that entering the dwelling and performing a police search is justified.

Can a Lawyer Challenge a Bad Search?

A lawyer can sometimes challenge a bad police search though. We can argue that the cop’s idea of probable cause or exigent circumstances was just an excuse to perform an illegal search. If a cop searches you without a warrant or permission, we can also challenge that kind of illegal search. When the court throws a bad search out, any evidence gathered goes with it.

Schedule a Consultation

If you are facing drug charges, we are ready to assist you. Contact Herting Law, PLLC and schedule a consultation with our team. We will do everything that we can to challenge the search that led to your charges and help you stand up for your constitutional rights in court.

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