You have no obligation to consent to a warrantless search
May 4, 2011

The issue of an officer’s request for consent to search is very common in criminal cases and police encounters. You have no obligation to consent to a warrant-less search. However, if you do give voluntary consent, you essentially waive an argument that the police did not have probable cause to search. Officers often suggest (or trick suspects into believing) that they will get a warrant if you do not consent to a search. However, if the officers are sure they have probable cause for a warrant, they probably would get one before they tipped off the occupants to their intentions. Officers generally do not lie about having a warrant, but can and will lie about their ability and/pr intention to obtain one.

Not every person present in a home, room, or business is able to give lawful consent to a search. Authority or apparent authority to consent is required for valid consent. An experienced criminal defense attorney understands the complexities surrounding actual and apparent authority in the context of consent to a warrantless search.

Whenever dealing with law enforcement entry into the home, it is necessary to consult an experienced Southern California criminal defense attorney who can advise you of your constitutional rights. Fourth Amendment search and seizure violations are very common and highly relevant to the outcome your case. Identifying any and all constitutional violations may mean the difference between jail and freedom.

If you or someone you love is facing criminal charges in California, contact the experienced Southern California criminal defense attorneys at Wallin & Klarich today at (877) 4-NO-JAIL or (877) 466-5245 for a consultation of your case. We can help you.

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