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Constitutional Rights to Prevent Search and Seizures by the Police

Written by: Douglas Blake Chanco

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Posted about 3 years ago. Applies to Georgia, 0 helpful votes, 0 comments

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Never Give Consent to Allow a Police Officer to Search You.

Most people are not aware of the fact that you do not have to consent to a search by a police officer. Without your consent, a police officer would have to have enough of a legal reason or a warrant to conduct a search. However, when he obtains your consent to a search, these legal rights are waived and he can lawfully use whatever evidence he obtains against you in court. Therefore, never consent to a search of yourself, your vehicle, or your home. Always demand the officer get a warrant. If the officer has a warrant to search, insist on seeing it before he begins his search of the item or location.

Fourth Amendment Waiver is Not an Unlimited License For Law Enforcement to Search.

If you are on probation or parole and are under sentence including a 4th amendment waiver, this is not an unlimited right that permits the police to search you 'at will.' If an officer states that he will search because of a 4th waiver insist on what his reason is for believing you have something in your possession that is contraband.