It may be a scary feeling when a law enforcement officer pulls you over or shows up in front of your home to search your property or person for drugs. Though easier said than done, you must remain calm during this time. This is because any accidentally incriminating move can and will be used against you in a criminal court setting. In other words, you must understand your legal rights and use them to your advantage. Continue reading to learn your rights during a drug-related police search and how one of the experienced New Jersey & Pennsylvania criminal defense lawyers at The Vigilante Law Firm, P.C. can help you exercise them effectively.
What are search warrant laws in the state of New Jersey?
For a drug-related police search to be considered legal in the state of New Jersey, it must follow its search warrant laws. That is, a law enforcement officer cannot conduct a search and seizure without first obtaining a valid warrant. Specifically, the following criteria constitute a valid warrant:
- A valid warrant must be filed with and issued by an impartial judge or magistrate.
- A valid warrant must be based on probable cause (i.e., reasonable suspicion that a crime was committed and evidence is present on a property or person).
- A valid warrant must disclose the name of the person or the location of the property that is supposed to be searched.
- A valid warrant must disclose the types of items that are supposed to be seized.
Of note, there are very few unique circumstances in which a valid warrant is unnecessary. For example, if the items are in plain view. Or, if the property has no reasonable expectation of privacy.
What rights do I have during a drug-related police search?
Well, first of all, you must understand that you do not have to consent to a drug-related police search if a law enforcement officer does not present you with a valid warrant. Importantly, your consent alone may constitute a legal search and seizure.
Secondly, even if a law enforcement officer has a valid warrant and has entered your property already, you do not have to grant them access to other areas not listed on the warrant. In a similar sense, you do not have to grant them access to your electronic devices on your property or the vehicle parked on your property if they are not listed on the warrant.
Lastly, even with a valid warrant, you do not have to answer a law enforcement officer’s questions while they are conducting a search and seizure. In fact, you should not speak to them at all until you retain a legal representative.
But if you have any further questions or concerns, please do not hesitate to reach out to one of the skilled New Jersey & Pennsylvania criminal defense lawyers. Schedule your free initial consultation with The Vigilante Law Firm, P.C. today.
