A lot of white-collar crime charges are brought after investigators seize incriminating evidence. And sometimes this evidence is so difficult to overcome that it’s in the accused individual’s best interests to accept a plea deal. Perhaps the most tragic aspect of these cases is that criminal conviction and the levying of criminal charges may be avoided except for the fact that the accused individual consented to a search of their home or business.
What is a consent search and how do the police secure them?
A consent search is a search that doesn’t require a warrant because the owner of the premises agrees to allow the police to search the property. In some instances, the police exert pressure to secure consent, or they may make it seem like consenting to a search is the only way to show cooperation with law enforcement and thereby avoid looking guilty. The police might even offer to go easy on you if you consent to a search. In other words, you should be prepared for them to say just about anything to try to get in the front door.
Do you have to consent to a search?
Absolutely not. You have Constitutional rights that protect you from unreasonable searches and seizures, and the police are typically supposed to secure a warrant supported by probable cause before they can execute a search and seizure. You give all that away by consenting to search. Instead of consenting to a search, then, you should decline when the police ask for your consent and direct them to get a warrant.
There are multiple issues that can come up in a criminal case. You have to know how to navigate them if you want to maximize your chances of beating the charges that have been filed against you. This can include figuring out ways to exclude evidence based on problematic searches.