Can Police Execute A Warrantless Search Of A Residence If They Suspect A Drug Related Offense in Louisiana?

 

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Carl Barkemeyer wrote the book on How to Defend Drug Charges in Louisiana.  Download your free copy to learn more about the criminal process and drug defenses in Louisiana.

 

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If an officer has probable cause to believe drugs are in a home, he must obtain a search warrant before entering the home, with some exceptions.

For example, a warrantless search of a home may be legal if the officer has probable cause to arrest and exigent circumstances exist such as an emergency that justifies the immediate search without a warrant. This situation may arise when the officers must search to prevent the escape of the arrestee, avoid a violent confrontation, avoid the destruction of evidence, or protect another person.

Or protect another person.

If the officers are in “hot pursuit” of an offender, the officers may follow him into a residence without a warrant to make an arrest. While in the residence, the officers may search for hidden offenders and immediately accessible areas where weapons could be found. The officer may also retrieve evidence in plain view, such as drugs on the coffee table.

Officers can also search residences without a valid warrant if the resident gives consent. Officers may go to a house where a suspect is residing and perform a “knock and talk.” The officer will knock on the door and begin a conversation with a resident. The officer will then ask for permission to enter and search. The officer may even claim that he smelled marijuana saw it while looking in. Therefore, leading to a valid warrantless search.

We have decided to pen this down to allow you to know what the laws say concerning the powers that the Police has in Louisiana. If you feel that your right has been violated, and your house was searched without cause or warrant, you can contact a drug attorney in Baton Rouge immediately.

If your house was searched illegally, the drugs that were allegedly found in your home might not be used as evidence in the court, depending on how they were gotten.

Though the Police are given the power to maintain the law of society, there are some constraints put in place by the law to ensure that the Police don't harass people. This is one reason you should know your rights, as enshrined by the constitution. If you have doubts on what your rights are, you should consider talking to a criminal attorney in Baton Rouge.

There is a line that has been drawn when is appropriate police conduct concerned. You have the right to agree to have your house searched in California, if there is no warrant. You have the choice to disagree. As an individual, it is your right to be without state intrusion, as long as there is no legal backing.

When a police officer, an overzealous one, tries to invade your privacy without the needed legal backing, you have the right to get a drug attorney in Baton Rouge that can intimate you of what and what are expected of the law.

 

Search and Seizure

When the law is concerned, the Police possesses common and statutory law powers to carry out searches.

The same right that one gets when he or she is in his or her house is afferent from the right one gets when his or her car is being served. The law is a bit lax when it comes to searching for a vehicle than when it comes to searching for an apartment.

With the quest of the government to clamp down on illicit drugs, a lot of overzealous cops use it to their advantage to harass people. These cops want to rise the ladder and do not mind who they takedown, as long as it could lift them. This is why you need a criminal defense attorney in Baton Rouge immediately you are arrested for a drug charge.

According to the legislation, the Police has the right to obtain a search warrant to search the property of a person that they feel possesses illicit drugs. While the search is ongoing, you have the right to remain on your property to ensure that nothing is planted on you. With the search warrant, the abode can be searched easily. The same can be said for someone that is driving a vehicle.

Normally, the Police are permitted to slept search when such is important to obtain a lawful arrest.

Based on the legislation, the only time the Police is allowed to search without a warrant is if they can prove without reasonable doubt that the search is important because of proof that they have on the ground.

 

There is a general thought that searching without a warrant is seen as unreasonable. That is a general thought. The normal rule is that before a search can be said to valid, the Police must have gotten the needed authorization. An example of making the search valid is by getting a search warrant. This is done by the law to prevent unreasonable state intrusion.

The truth remains that it is not every time that authorization may be obtained on time, but this scenario is restricted to a few cases. When these cases present themselves, getting a warrant to search, your house becomes impractical. The drug attorney in Baton Rouge must see if the cases presented themselves for the Police to get a warrant. To simplify this, we will give an example of when generally it is accepted that a search can be done without a permit.

If it is noticed that a person that is on the watchlist for a drug-related crime, and he or she has been able to evade arrest, stays in a house, the Police while trying to arrest such a person can search for the apartment. This strengthens the case of the police officer.

At the border, searches are usually done by custom officers. In this case, someone traveling in a vehicle can be stopped and searched. The law reduces the protection of a person in this situation.

 

Why You Need A Drug Attorney in Baton Rouge

Like earlier said, there are some cases that drugs would be gotten from your house, and it can't be used as evidence against you in a drug charge case because it was gotten in an illegal manner. Do you know that unsanctioned tailing, wiring your house can't be used against you? An attorney can see if everything was done in a legal manner. He can look at every fact in the case to see if anything was done rightly. If not, it could be used in your advantage. Apart from that, he or she also looks for evidence and witnesses that can be used in your advantage. Sometimes the prosecutor may be overzealous and would bring up a lot of unnecessary charges against you. These charges can be dropped by a good attorney. Contact a good drug charge attorney in Baton Rouge, Louisiana today!

 

If you need a drug charge attorney for your drug charge in Louisiana, contact us at (225) 964-6720.  We handle drug charges anywhere in Louisiana.

 

 

Answers to Drug Charge Questions

 

 

Carl Barkemeyer wrote the book on How to Defend Drug Charges in Louisiana.  Download your free copy to learn more about the criminal process and drug defenses in Louisiana.

 

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