![]() You have the right to talk with your attorney confidentially, which means you should make the call out of earshot from the police.Ĭan You Use Force If Police Are Behaving Illegally? Once the search is complete, you should continue recording and taking pictures of any property damage they caused, if any.Įven if you are not detained or arrested, you should speak with an attorney as soon as you can. If you cannot contact your attorney and observe apparent threatening or harassing behaviors by law enforcement, take out your cell phone and record the police search. ![]() Keep in mind that they are allowed to move furniture, empty drawer contents, and otherwise use search techniques that align with the warrant’s provisions. As such, most police officers will not threaten or harass you, but it can happen. When law enforcement officers conduct a search and seizure, they are at your home to carry out the warrant while gathering additional evidence for the case against you. What Do You Do If Police Threaten or Harass You During a Search? Your best bet may be to leave the area and contact a New Mexico criminal defense lawyer for direction. Also, ensure that you do not give them consent to search beyond the specific parameters described in the search warrant. Engaging in conversation with the law enforcement or answering their questions may not be in your best interests. The specific items or documents that they are searching forīe aware that anything you say during the execution of the search warrant may and likely will be used against you.The date and time they are permitted to enter your property.You should always ask to review the search warrant. However, they must only show you the warrant when you have demanded to see it. Police must tell you that they have a search warrant to search. ![]() In this blog article, I will help you understand search warrants, how to handle law enforcement abuse, laws that protect your rights, and what you should do when the police show up at your door with a search warrant.ĭoes Law Enforcement Have to Show You Their Search Warrant? You can also tell them that you would like to speak with your attorney first and call one right away to protect your rights early. If the police show up at your door for a search, remain calm and ask them to show you the search warrant to confirm that they have the authority to do so. The police can also enter your home using reasonable force if you are not home at the time of the search. If you deny consent when they have a search warrant, they can use reasonable force to enter the premises and conduct a search. There are certain exceptions to this general rule. The general rule of thumb is that police must announce their presence, that they have a search warrant, and request your permission to enter.
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