Kevin Hayslett Criminal Defense Attorney The Secrets Of Police Searches Your Right To Say No
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[Kevin Hayslett Criminal Defense Attorney The Secrets Of Police Searches Your Right To Say No]
[Kevin Hayslett (Criminal Defense Attorney):] Source: LYBIO.net
Hi I’m attorney Kevin Hayslett and the topic is secrets of police searches.
One of the mysteries for citizens is when can police conduct a search and when are they required to have a warrant to conduct a search?
One of the tactics that police officers use, is they will get citizens to consent to police searches where they do not have probable cause, or a warrant number.
In most incidents police officers are either required to have probable cause or a search warrant to conduct a search of you, your car, or your home.
One of the secrets that police officers use, or a tactic they employ is to get the citizen to consent to the search.
US supreme court and cases in all jurisdictions allow police officers to conduct a search if the citizen consents to the search.
So this is how the scenario will play out.
You will either be approached by a police officer, or as a result of a traffic stop, the law enforcement officer will come up to you or your window and say: “You have a problem if I look in your car, do you?”
This is a question not a statement; and in most circumstances the citizen if you’re John Q public and you’re sitting in your car and a police officer asked you, “you know the problem I look at my cook in your car?”
You believe that you do not have a choice to say ‘no’ and you allow the police officers to search.
If you do any contraband, any items that are illegal, or anything that is found in that search that could be used against you in a Criminal charge will be admissible because ‘You Consented’ to that search.
Most citizens don’t realize that they have the option to say ‘No’.
If law enforcement officers asked to search your vehicle without probable cause or without exigent circumstances, or a search warrant; you as a citizen can say “no”.
If you say ‘no’, you refuse the consent to search and they search anyway, at a criminal hearing your lawyer can follow a ‘motion suppress’ indicating to the court there was not a lawful basis for the search, and you did not consent.
So when law enforcement ask the question, “You don’t have a problem if -“. “Or you don’t mind if we – “.
This is a question, not a statement, and you as a citizen under the US Constitution 4th Amendment, have the ability not to consent to a search and
to say “No”.
Under the secret or tactic law enforcement officer will use at your home, is they will come to your home and what’s called a lot routinely (A) knock and talk; meaning they will come to your home or residence, and they’ll knock on your door, they will be either in uniform or they produce identification, identifying themselves in law enforcement and say: “Do you mind if we come in and talk with you?”
This is a question.
They are asking for your consent to come into your home and talk to you about their – your – their suspected criminal activity of you, your roommates, or people that have been in the home.
You have the legal right to refuse their entry into your home unless they have exigent circumstances, probable cause, or a search warrant.
If you allow law enforcement into your home, you have consented to that search, and while they’re in your home if they observe any contraband
for example; they observe a cocaine on a table that then allows them to conduct a search, and perhaps an arrest.
So secret police use or tactics that please use to get around not having search warrant, not having probable cause, not having exigent circumstances, is that a police officer will convey to you a question, that question may seem to you as a statement, but is a question asking
your consent to either search your person, your purse, your vehicle, or for your home, or your home.
You as a citizen of the US have the ability to decline that invitation.
If you do not consent to that search they will be required to have other legal requirements in place in order to justify the admissibility of that
evidence at a criminal trial down the road.
So remember you have the ability to say “No”, to the consent of the search, if you say no that may prohibit law enforcement from conducting a search and may prevent your criminal arrest.
CARLSON, MEISSNER, HART & HAYSLETT, P.A.
The Law Offices of Carlson & Meissner
250 N. Belcher Rd, Suite 102
Clearwater, Florida 33765
CARLSON, MEISSNER, HART & HAYSLETT, protecting your rights since 1971
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Kevin Hayslett Criminal Defense Attorney The Secrets Of Police Searches Your Right To Say No. You have the ability to say “No”. Complete Full Transcript, Dialogue, Remarks, Saying, Quotes, Words And Text.