The  validity of a search of one's  personal property is presumptively established by the issuance of a search warrant by a neutral judge or magistrate, who has made a probable cause determination that evidence of a crime (or contraband) may be found in the place named in the search warrant application. Searches made by police without a warrant are always suspect as being improper, especially if it is claimed by the police that the person consented to the search. In these instances when the search is challenged in court, the policeman must prove to the court's satisfaction that the consent to search was voluntary, and not the result of coercion, or under pressuring by the officer. Here, the officer's threat to get a warrant, coupled with the youthful age of your daughter (and immaturity), may have overborne here free will and the court could find the search illegal. Contact an experienced criminal lawyer right away to advise you.

Frequently Asked Questions

 


Q: Our sixteen year old daughter's backpack was searched by the policeman who stopped the car she was riding in, and he found a small bottle of bourbon in it. She has been charged with underage possession of alcohol. She did not give her consent to search the backpack when the officer asked, but then he told her he could get a warrant if she refused.  Is this a legal search?

A:

The  validity of a search of one's  personal property is presumptively established by the issuance of a search warrant by a neutral judge or magistrate, who has made a "probable cause" determination that evidence of a crime (or contraband) may be found in the place named in the search warrant application. Searches made by police without a warrant are always suspect as being improper, especially if it is claimed by the police that the person "consented" to the search.

In these instances when the search is challenged in court, the policeman must prove to the court's satisfaction that the consent to search was voluntary, and not the result of coercion, or under pressuring by the officer. Here, the officer's threat to get a warrant, coupled with the youthful age of your daughter (and immaturity), may have overborne here free will and the court could find the search illegal.

Contact an experienced criminal lawyer right away to advise you.


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