Videojug

Police Searches

Info
  • Videojug
  • Videojug
  • 5:37
  • Yes
  • 360p
  • 640x360
  • Flash
  • h.264
  • 900kbps

Police Searches

Jeffrey K. Rubenstein (Criminal Defense Attorney) gives expert video advice on: Can I refuse to let the police entry into my home or business?; Can I refuse to allow the police to search me or my property?; Under what circumstances can the police stop me while driving? and more...

When are the police allowed to enter my home or business?

There's an old adage here in the United States that a man is king of his castle. And there's still an old Wild West element that nobody is allowed to enter your house without your permission or without a search warrant. And a search warrant is when a judge or a magistrate signs a piece of paper saying that there is probable cause to believe a crime has been committed there. The only exception is what we call exigent circumstances or where there's an emergency such as somebody screaming for help or gunshots behind the door, that obviously not only common sense, but the law would dictate that the police can enter.

Can I refuse to let the police entry into my home or business?

You can absolutely refuse to let the police or anybody else into your home or business, unless they have a warrant.

What is a "search warrant"?

A search warrant is a probable-cause declaration which the police bring to judges. So here's what happens: somebody tips off the police that they believe their neighbors are drug-dealing. The police then set up surveillance and they write a report for a judge to sign that says, between midnight and 4 a.m. we saw 4 people come knock at the door and exchange something and then leave. Based on my training and experience in the academy this looks like narcotic sales. In addition, we stopped one of those people and they told us that they had just bought narcotics at the location. The police write all that up in what's called an affadavit for a search warrant. They bring it to the judge and they say, judge, this is what we saw, give us a search warrant. They now have, are able to articulate that there is probable cause to believe that a crime, i.e. drug dealing, is being committed therein and the judge signs a search warrant which gives them access.

Can the police seize something of mine without a warrant?

Generally, the search and/or seizure of property, according to the 4th Amendment, is prohibited unless the police have a warrant. There are many exceptions, however, to the warrant requirement. One is plain view. If the police come to your house, and you open the door and they see an illegal firearm there, or they see drugs on the table, then the plain view exception would come in and they can seize it without requiring a warrant.

Can the police ever enter my home without permission or a warrant?

Generally the police cannot enter your home without a warrant, unless emergency circumstances apply. If there's a fire, obviously they can enter. If somebody is screaming they can enter, but the general rule is no. Do the police always follow that? No, sometimes the police will enter your home without a warrant.

Can I be searched or "frisked" if I'm not under arrest?

The answer is yes; you can be searched or 'frisked' if you're not under arrest. There's a case, Terry v. Ohio, and from that they get what they call a "Terry" pat. This means the police are allowed to stop and frisk you for officer safety if they just have a small suspicion that a crime is taken place. That is your typical pat-down search, and it's supposed to be for weapons. What has developed from the Terry case is what they call the 'plain feel exception'. So, for instance, most of us patting somebody down might be able to tell the shape of a gun. We might be able to tell the shape of a screwdriver. Officers with experience say they can feel what a baggy with marijuana inside feels like, and a syringe, and various other things. So, from what they call a Terry pat; stop and frisk, probable cause for further search can also develop.

Can I refuse to allow the police to search me or my property?

At any time, you can and should refuse to allow the police to search you or your property. Somebody could be visiting, or have visited, your house and left something illegal there. Somebody could even have put something in your pocket. It happens. You can refuse to be searched.

Under what circumstances can the police stop me while driving?

They're supposed to only stop you if they believe some type of offense has been committed or they have a suspicion of such an offense. However, under most State vehicle codes there are so many offenses that almost anything you can think of doing could be an offense. Anything from a dome light out in your car, to a cracked taillight, even minor things, if they think your tires are bald, any minor offense, they have the right to stop you and then question you.

Under what circumstances can the police search my car?

There's a long line of cases that, once the police stop you, even for a minor violation, if suspicion arises for anything, they can search your car. The cases have now been extended to provide for officer safety, so they're almost allowed to search your car for anything. If the police believe there might be a weapon in your car, they can take everybody out of the car and search the car for officer safety, to make sure there's no weapons.

31,905 views
Tips & Comments
  1. Anonymous

    If the cops came in my house when the door is open and took something do they have to leave a warrant or note that they were there?

  2. female102lbs

    I was getting my kids ready for bed, and my husband had been gone since the morning. About 630pm, and trooper entered my home, and started demanding answers, why didn't I answer my door, etc. I asked him why he was in my home, he said a welfare check, etc. I asked him if he had a warrant, he said no, I then asked who let him in, he said himself. I then said, thinking I had all rights to do so, "get out of my house or I'll FIND a gun and shoot you". I have no guns, I have 4 boys in the house, guns will never be here. Big mistake I realize this. Later to find out, while arguing with my husband, he decided to call and say he was worried about my well being, safety, etc. So MY rights are taken away. About 5 minutes after making contact, and arguing about why the Trooper was there and that he needs a warrant to enter my home, he slammed me down head first leaving a 1/2 inch cut on my head. I am 102 lbs. I screamed in pain, as he put cuffs on me, which we later found out he forgot to double lock, then when he did double lock, he left them tight. I have a two line scar around my wrist to prove it. The two troopers left outside and left a medic inside, who slammed me to the ground leaving my shoulder and my right face black. This medic was well over 200 lbs. Of course, after that the Troopers both ran back inside and arrested me, and hog tied me, as cuffs were already on. Yes I said three grown men. One sat on my back taking my breath away for minutes which seemed forever. I called to my boy, to call 911, what they are doing is not right. Please honey call 911 and help mommy, in between when they weren't keeping me from breath. They laughed at my boy and said, "We're already here". Dropped me off at police station, completely covered in bruises from head to toe, laceration in my head bleeding, and I spent the night in jail vommitting, from a concusion. I wasn't even able to get a Motrin or any medical attention, till I was let out next day at 1pm. My husband had also called the medical unit in hospital, to let them know about the laceration and the vomitting and that my face hurt too bad to even chew any food. Now I have a public defender, and the DA are offering me 20 days in jail, after all this. I am suppose to have a fourth amendment right, which was taken away and given the right for an Alaska State Trooper to literally beat me, and also to allow another civilian to assault me IN MY OWN HOME, my residence. I need help. I need to know how to get my rights as an American woman, who has also given 5 yrs of my life to fight for these rights. One of these troopers arrived after the blow to the head, but as far as I know he did not put in his report that the medic has assaulted me. I served as a cop in the A. Force, I know what use of force is. 1) Not double locking the cuffs, can be considered deadly force, 2) A blow to the head is considered deadly force (lucky for me, only a concussion and confusion and difficulty reading for a few weeks, 3) hog tied and left on your belly with your own weight is considered deadly force, So my question is how can a man with a badge, beat a woman in her own home for 2 hours, and use three forms of deadly force, then put her in jail and charge her with assault for saying, "If you do not have a warrant and you let yourself in, the get out before I find a gun and shoot you" Later on he told her buddy I threatened to punch him, he forgot!!

  3. sarahsimo

    i recently got arrested 4 some thing i didnt do the police woman took my laptop when i got it back had been dropped and now dont work every time we try and contact her shes out or not in we have got other offer`s in voled but we never hear any thing back from them does any 1 know how i can go with to deal with this

  4. maxybaby

    can I sue the police for breaking my door and going in and searching with a warrant but it was wrong person they were looking for , mistaken identity. Have I any rights regards this.

  5. EG10

    2 officers walked in our business without permission and asked for information on a past employee/student and asked questions on behalf of the employee/student, are they allowed to do that? They wanted my cell phone and seemed to be on the persons side. I am in a way tramatized by the way they walked in? What should I do?

  6. hotstuff89

    question? if im in the car with someone and we're riding along and not doing anything wrong. can the police stop us and search me and my purse even if not driving.

  7. Queenofthenight

    can the policeentry in to my home with out my permission even if they have a warrent for some other than the owner. and are they allow to cock a gun in your home if you do not have a weapon? one the police push there way in can you tell them to leave ?

  8. Anonymous

    can a cop enter your home with only a bench warrant?