The police have the right to enter your property with a warrant and search it. However, they must follow some rules while doing so. If they infringe on your rights, you can seek redress in a court of law. Also, whatever evidence they find while infringing on your right will not be admissible in court. Here are the things you should expect and do during a police search.
Learn your Rights
As mentioned earlier, the police can enter and search even without a warrant, but they must get the homeowner’s consent. Consent from the housekeeper or any other nonoccupant of the house is not acceptable. If the officers proceed, it could be considered misconduct, depending on the circumstances. In this case, you can get a Police Misconduct lawyer in Sacramento, CA, to seek redress.
Check the Warrant
If the police have a warrant, they will show you before they begin the search. During this time, you need to scrutinize the warrant to ensure that your rights aren’t violated. Check the names written on the warrant as well as the address. If there is one thing out of place, then you have a right to turn them back.
Also, the warrant must be specific. For instance, if the warrant specifies a search of the garage, the officers can only search the garage. In extreme circumstances, they may be permitted to search other areas. However, there must be reasonable grounds for this.
Also, the warrants are executed during the day with the time stated clearly on it. It can only be executed during this time frame.
Can a Single Officer Conduct a Search?
The law in most states requires an officer to present the evidence to a second officer after finding it in the premises. So, this implies that there must be more than one officer during the search. If this is not the case, you may need to contact a lawyer to get legal advice.
What Can the Police Take?
In most cases, the warrant will list what the police are looking for. If they find this item, then they can confiscate it without getting your consent. However, if the item is locked away in a box or hidden storage, the police must get a warrant that allows them to break into the safe and collect the item.
However, the law still allows the officers to seize property legally where they have reason to suspect that the evidence will be destroyed before they return.
If the officers find electronic devices, they need to prepare an inventory that describes them and what they contain. It is also possible to copy any data from your computer rather than take the device as evidence.
When the Search is Over
After the search, the police will give you your own copy of the warrant. Also, if anything was confiscated from your property, they must issue a receipt along with a copy of the warrant. If they have enough evidence to pursue a case against you, then they will return the warrant to the judge along with the items they confiscated.
