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You probably know that the Fourth Amendment protects you against unreasonable searches and seizures, but few people fully understand what is meant by “unreasonable.” Generally, this means that police are required to have probable cause before searching.
So how does law enforcement show probable cause?
Generally, a judge decides whether or not there is probable cause and issues a search warrant. This search warrant is required before searching your car or home, but there are some exceptions. The following are the most common legal ways that the police can search your home or car on probable cause alone.
In all of these cases, evidence found during the search can be subject to suppression if a judge does not agree that there was probable cause for a search, so even in these cases, it’s possible to get the evidence against you thrown out with the help of a Columbus defense lawyer. Just remember that if you consent to a search of your car or your home, police no longer need a warrant or even probable cause. Plus refusing a search is never considered probable cause itself. For this reason, it is better to always turn down a request by police to conduct a search. Let them go through the normal legal process of getting a warrant.
Overall, you generally should be able to expect a warrant to be issued before police search your home, and there must at least be probable cause before police search your car. If you have been arrested due to something that law enforcement found during a search, that evidence may be able to be suppressed by an experienced defense attorney in certain cases. Even if the search is upheld, you will need an attorney by your side during the legal process to ensure your rights are respected. Call defense attorney Ben Luftman and his experienced team of Columbus defense lawyers at Luftman, Heck & Associates today at for a free consultation on your case. We will aggressively fight for the best outcome for your case.