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Search and Seizure: Most Common Questions People Ask

The idea of search and seizure is pretty foreign to most Americans, even if they do know that the police can search your home and belongings with proper authority. That doesn’t mean that people don’t have questions when faced with the search of their property.

Keep reading to learn more about the most common questions people ask during a search and seizure procedure.

Is This Legal?

It’s not a surprise that the most common question people ask when their home or property is being searched is whether or not the procedure is legal. The answer isn’t always clear, and sometimes you’ll need to involve a criminal law attorney to help you figure that out.

The police are allowed to search your property if they get a legal search warrant first. While you should have asked to see the search warrant, it can be hard to verify one if you’re the average person.

Getting a criminal law attorney to verify a search warrant is essential. Unfortunately, most people never do this, even after the search has been conducted.

Do Police Need a Search Warrant?

Police need a search warrant to visit your home or look into your property without your consent. However, there are ways around a search warrant.

If you give consent, if illegal or dangerous items are in plain view, or if the police are in pursuit of a crime, they can enter a home or property without a warrant. These procedures are put in place and determined to be reasonable and there for the safety of police officers.

What Can I Do?

Once a search warrant has been issued, you will have to let the police into your home. However, a criminal law attorney may be able to help you get a search warrant revoked.

Have questions? To know more about search and seizure law, Contact Keating & Lyden, LLC today!

Keating and Lyden

Keating & Lyden LLC was founded by attorneys-at-law, Robert J. Keating, and Thomas P. Lyden and is based in Boulder, Colorado, and Bellingham, Washington. The attorneys specialize in providing legal advice in real estate matters to businesses and individuals pertaining to real estate management and operation including: tenancy in common agreements, partition agreements, real estate financing, homeowner’s associations and land use issues. They also provide the highest quality legal services to small business owners and entrepreneurs.

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