Don’t consent to search of your car or person


Police need to have a good reason to search your car or your person.  If the police have a valid search warrant then they are allowed to search the areas that are specified in the warrant.  However, in most searches of cars and people, police don’t have a warrant because they don’t have time to get a warrant. 

If the police search a person or car without a warrant, they need a legally recognized reason to search.  If the police don’t have a legitimate reason to search, then the court may end up suppressing the evidence that was found. 

The most important thing that a suspected person can do is not to consent to any search.  A lot of people will consent to a search of their person or car because they believe they have no other choice.  What is even more astounding is that many people will consent to the search knowing that there are illegal materials in the car or on their person.

Once a person gives consent, it helps the police greatly.  When a person consents to being searched, the police no longer need a legitimate reason to search.  The police are allowed to search because the person has consented.   The police do not need to warn the suspect that he has the right to refuse to be searched.  The lesson is never consent to a search.  If the police find evidence so be it.  Don’t take away your own rights by consenting to the search and taking away your opportunity to force the police to justify their warrantless search. 

For More Information Please visit http://www.attorneychan.com or contact me at 508-808-8902

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The Irish of Irish Times: being searched at a club or any establishment


Irish Times is a popular bar/club in downtown Worcester, Massachusetts. To promote security at its bar, Irish Times has a policy to search all of its patrons. There are signs in at the front door that warn people of this policy. Also, on weekends, Irish Times pays off duty police officers to provide further security.

There are a large amount of criminal cases that stem from the Irish Time policy. Many patrons of the Irish Times are arrested guns and drugs. Even though patrons are warned by clearly marked signs at the entrance, they continue coming in with guns and drugs.

For quite some time the Irish Times had off duty police officers perform the searches and had people arrested for contraband. And for that same time, defense attorneys were able file and win motions to suppress based on unreasonable search and seizure law. The litigation of this point raged on until the Irish Times refined its policy.

Every person has a right against unreasonable search and seizure. If the government violates your constitutional rights, then what is found can usually be suppressed. This argument worked in the Irish Times searches when it had the police officer’s perform the searches. Then the Irish Times changed its policy. Instead of having the police perform the searches, Irish Times hired private employees to perform the searches. When the employees would find contraband then they would hand it over to the police, thereby circumventing the constitutional violation.

To find that a search has violated a person’s constitutional rights there usually needs to be some sort of state action. One could argue that it is still state action when an off duty police officer is searching people. However, a private employee searches a person most judges will agree that there is no state action.

The practical effect is that when a private employee of an establishment finds guns or drugs on you, then its trouble. However, it doesn’t mean that if the police officer is the one performing the search you are safe. In the end, before you party at a place that searches, don’t keep “stuff” on you.

For more information: visit http://www.attorneychan.com or contact me at 508-808-8902

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