• Home
  • Our Law Firm
    ▼
    • Daniel Noll
    • Sarah Noll
  • Practice Areas
    ▼
    • Criminal Defense
      ▼
      • Alternative Sentencing Options
      • Drug Charges
      • DUI Defense
      • Federal Criminal Defense
        ▼
        • Bank Fraud
        • Federal Conspiracy
        • Federal Sex Crimes
      • Sex Crimes
      • Theft Charges
      • Traffic Tickets
      • Violent Crimes
      • Weapons Charges
    • Estate Planning
      ▼
      • Probate
      • Trusts
      • Wills
    • Nursing Home Abuse
      ▼
      • Comprehensive Care Plans
      • Common Nursing Home Injuries
        ▼
        • Bedsores
        • Choking
        • Dehydration
        • Falls
        • Medication Misuse
        • Nutrition & Wound Healing
        • Sepsis
        • Transfer Injuries
      • Understaffing
    • Personal Injury
      ▼
      • Bicycle Accidents
      • Bus Accidents
      • Car Accidents
        ▼
        • Common Injuries from Car Accidents
          ▼
          • Broken Bones and Fractures
          • Internal Injuries
          • Spinal Cord Injuries
          • Traumatic Brain Injuries
          • SLAP Tears
      • Dog Bites
        ▼
        • Common Dog Bite Injuries
        • Dog Bites at Dog Parks
      • Drunk Driving Accidents
        ▼
        • Illinois Dram Shop Laws
      • Medical Malpractice
      • Motorcycle Accidents
      • Pedestrian Accidents
      • Truck Accidents
        ▼
        • Truck Accident Injuries
        • FMCSA Violations
      • Uber and Lyft Accidents
      • Wrongful Death
    • Workers’ Compensation
      ▼
      • Workers’ Compensation Settlements
      • Workers’ Compensation Claims Process
      • Workers’ Compensation Benefits
      • Negligent Third-Party Claims
  • Resources
    ▼
    • FAQs
    • Our Blog
    • Testimonials
  • Review
  • Contact
  • Skip to main content
  • Skip to primary sidebar

Noll Law Office

Free Consultation

217.414.8889

  • Home
  • Our Law Firm
    • Daniel Noll
    • Sarah Noll
  • Practice Areas
    • Criminal Defense
      • Alternative Sentencing Options
      • Drug Charges
      • DUI Defense
      • Federal Criminal Defense
        • Bank Fraud
        • Federal Conspiracy
        • Federal Sex Crimes
      • Sex Crimes
      • Theft Charges
      • Traffic Tickets
      • Violent Crimes
      • Weapons Charges
    • Estate Planning
      • Probate
      • Trusts
      • Wills
    • Nursing Home Abuse
      • Comprehensive Care Plans
      • Common Nursing Home Injuries
        • Bedsores
        • Choking
        • Dehydration
        • Falls
        • Medication Misuse
        • Nutrition & Wound Healing
        • Sepsis
        • Transfer Injuries
      • Understaffing
    • Personal Injury
      • Bicycle Accidents
      • Bus Accidents
      • Car Accidents
        • Common Injuries from Car Accidents
          • Broken Bones and Fractures
          • Internal Injuries
          • Spinal Cord Injuries
          • Traumatic Brain Injuries
          • SLAP Tears
      • Dog Bites
        • Common Dog Bite Injuries
        • Dog Bites at Dog Parks
      • Drunk Driving Accidents
        • Illinois Dram Shop Laws
      • Medical Malpractice
      • Motorcycle Accidents
      • Pedestrian Accidents
      • Truck Accidents
        • Truck Accident Injuries
        • FMCSA Violations
      • Uber and Lyft Accidents
      • Wrongful Death
    • Workers’ Compensation
      • Workers’ Compensation Settlements
      • Workers’ Compensation Claims Process
      • Workers’ Compensation Benefits
      • Negligent Third-Party Claims
  • Resources
    • FAQs
    • Our Blog
    • Testimonials
  • Review
  • Contact

Home » Our Blog » Police Searches: What Exactly Are Your Rights?

Police Searches: What Exactly Are Your Rights?

By Dan Noll on June 6th, 2016 in Articles, Criminal Defense

Dealing with police, even if you haven’t done anything wrong and the officers seem friendly, can be intimidating and even scary at times. While there is no one-size-fits-all answer that covers every police search situation, here’s what you need to know when it comes to police requests for searches of your person or property.

You do not always have to give permission

The US Constitution’s Fourth Amendment is meant to protect you from unreasonable seizures and searches, but sometimes “unreasonable” is a little subjective, and each situation is different.

Generally, the police need to have “probable cause”—a sufficient reason—to think that you’re involved in some criminal activity to be able to search you or your property without your permission. You have the right to refuse a random police search unless you’re entering a secure place like an airport or crossing a border checkpoint.

A random search is different from a search that comes with a warrant, which is one type you can’t refuse. This is when the police get a judge to allow a search without your consent. The police will have the warrant to show you, and it will state what the judge is allowing them to search, such as a specific part of your home.

You should consider refusing random requests

It is important to remember to use your best judgment anytime you refuse a police search. You can always refuse a random search, but it’s still up to you whether you exercise that right.

Law enforcement officers know they must have a sufficient reason to search you or your property. If you don’t consent, they have to go to court and prove they have probable cause to get a warrant and force you to comply. Sometimes, your refusal to consent to the random search will result in them backing down, especially if they don’t have a solid reason for the search that will persuade the judge.

If you agree to a random search, remember that whatever the police are able to find can and probably will be used against you in court. It doesn’t matter if the police stop and ask to search you because they think you have drugs but they find an unregistered gun instead—now, they can charge you for having the weapon and anything else related to that offense, even if you didn’t have any drugs on your person.

If you’re facing police search pressure or have been arrested as a result of a search, seek the help of an experienced Springfield IL criminal defense attorney as soon as possible. You could be facing fines and jail time depending on your situation, so it’s important to get yourself legal help as quickly as you can.

Primary Sidebar

Schedule Your Free Case Review

  • Hidden
  • This field is for validation purposes and should be left unchanged.

Connect With Us

217.414.8889
930 E Monroe Street,
Springfield, IL 62701

Copyright © 2022 Noll Law Office
Disclaimer Privacy Policy