If you, as a citizen of the United States, are not sure of your constitutional rights, they may be falsely denied. One of your rights includes protection against illegal search and seizure of property. The fourth amendment of the United States Constitution protects you against unlawful search without a reasonable cause. Knowing your rights when respectfully interacting with a law officer can be extremely important when dealing with criminal charges.
If you have been pulled over in your car by a law enforcement officer, it is crucial to understand your rights and responsibility in this situation. No matter the reason for your detainment, a police officer may ask for your identification, which you are obligated to show him or her if you have it. But without reasonable cause and a warrant, a police officer can not legally ask you to do much more than that.
One of the most important things for you to clearly understand is the reason why an officer is detaining you. A public official cannot detain you without reason, but if they have reason to believe you have committed or have the intention to commit a crime, they can legally detain you. You have the right to know exactly why an officer is detaining you. If that reason is not given, your presence is not necessary.
Also, a police officer may not search your home, papers, or possessions without a signed warrant that is based on a reasonable cause. You can refuse a search if no warrant is present. This refusal cannot be used as evidence of your guilt in a court of law. This protection extends to your vehicle as well.
If you are involved in a criminal case that may involve your rights to refusal of search, please visit the website of the San Jose criminal defense lawyers of Daniel Jensen, P.C. for more information.