Your Rights During A Maryland Police Search
Encounters with law enforcement can be stressful when a police officer wants to search your person, car, or home. It’s essential to understand your legal rights in these situations. Then, you can protect yourself and ensure that any search conducted is lawful. If you’ve been subjected to a search and believe your rights were violated, connect with a Baltimore criminal lawyer to safeguard your future.
When Can Police Conduct a Search?
The Fourth Amendment of the U.S. Constitution protects individuals from unreasonable searches and seizures. In Maryland, this means that police must follow specific rules when conducting searches. So, for most searches, police need a warrant issued by a judge. The warrant must specify the area to be searched and the items they are seeking.
There are situations where a search can happen without a warrant, but the police must demonstrate a valid reason for doing so. Another way a search could happen without a warrant is if you give your consent. It’s important to know that you have the right to refuse consent for a search. If you do not agree to the search, say so clearly and respectfully.
Law enforcement officers may search an individual or their property under the following circumstances.
- Probable cause. Police can search without a warrant if they have reasonable grounds to believe a crime has been or is being committed. For example, smelling marijuana in a car might constitute probable cause.
- Search incident to arrest. If you are arrested, officers can search your person and immediate surroundings without a warrant.
- Exigent circumstances. In emergencies, such as when evidence may be destroyed, officers can search without a warrant.
What Should You Do If Law Enforcement Wants to Search You?
If a police officer indicates they want to search you, your car, or your home, follow these steps:
- Stay calm and polite. Avoid arguing, as this can escalate the situation.
- Ask for the reason. Politely ask why the officer wants to conduct the search.
- Do not consent without a warrant. Unless the officer has a warrant or probable cause, you can refuse the search. Clearly state, “I do not consent to this search.”
- Document the interaction. When possible, take note of the officer’s name, badge number, and what they say. If the situation allows, record the interaction.
Should you believe a search was conducted illegally, do not resist at the moment. Instead, record the time, location, and details of the search. Then, as soon as you can reasonably do so, contact a Baltimore criminal lawyer. An experienced legal professional can review your case, identify any violations of your rights, and work to have improperly obtained evidence excluded from court.
Is holding an officer accountable for an illegal search be an option for you? Share your story with the experienced attorneys at Iamele & Iamele, LLP. They have the skills to determine whether the search was conducted lawfully. If the search violated your rights, your attorney will fight for the justice you deserve. Contact us today to schedule a confidential consultation.
