If somebody else gives permission to the police to search your home without a warrant, does that make that search valid? The answer is yes, it does. This is something that all individuals need to know, because our Fourth Amendment right protects our privacy and keeps us secure in our home and in our possessions. When it comes to searching a home, there is actually a law that makes warrantless searches a crime.
Do Not Consent
This law was cited in the landmark case of Mapp v. Ohio, 367 U.S. 643 (1961) on Fourth Amendment search and seizure. Our homes in New Jersey are very protected, but if individuals inside of your home waive those rights and give permission to search, then that search may be legal. In all likelihood, you will not be able to successfully assert a violation of your Fourth Amendment rights. So, the key here is to never consent to a search.
There’s no reason to consent to a search. Why give up your Fourth Amendment rights? Make sure your loved ones know that as well.
If you have any questions regarding search and seizure or your Fourth Amendment rights, call U.S. LawShield and ask to speak with your Independent Program Attorney.
The preceding should not be construed as legal advice nor the creation of an attorney-client relationship. This is not an endorsement or solicitation for any service. Your situation may be different, so please contact your attorney regarding your specific circumstances. Because the laws, judges, juries, and prosecutors vary from location to location, similar or even identical facts and circumstances to those described in this presentation may result in significantly different legal outcomes. This presentation is by no means a guarantee or promise of any particular legal outcome, positive, negative, or otherwise.