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Should I consent to a police search?

Posted by Mark A. Velez | Jan 21, 2020 | 0 Comments

I would strongly recommend you do not consent to a police search. There are several ways the police can legally search you, your vehicle, and your house. The most common ways are with a search warrant issued, probable cause, and consent. A warrant is very time consuming and must be reviewed and approved by a judge. The second is, based on the totality of the circumstances, if an officer has “probable cause” to believe you have committed a crime, they can do a limited search for evidence. If an officer does not have a warrant, or probable cause, they cannot search you…..unless you give them consent. If you consent to an officer's request to search, you have given them permission to search anywhere and anything they want. This means that if officers finds illegal contraband, you may be issued a citation or even arrested. Don't give the officers a “pass” to search; be specific and tell them “I do not give you permission to search.” If the officer searches anyway, the legality of the search can be addressed/contested in court. Although I gave a rather straightforward answer, all cases are different, which is why if you think the police did an illegal search, call me so we can protect you Fourth Amendment rights.

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Mark A. Velez

Mark A. Velez My name is Mark Velez and thank you for visiting my site. I would like to take a moment to tell you about who I am and why I opened my own law practice. I was born and raised in Southern California. After completing high school, I applied at the Palos Verdes Estates Police Departme...


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