Understanding the Process of a Las Vegas Warrant Search
Being confronted by law enforcement officers who are intent on searching you, your vehicle, or your home can be a frightening experience for the average person. Knowing what to expect and understanding your rights during a Las Vegas warrant search by law enforcement officers is the key to protecting your rights and getting through the process with as little stress as possible.
What Are My Rights Regarding a Search and Seizure
The Bill of Rights, which encompasses the first 10 amendments to the U.S. Constitution, provides all of us with important rights and privileges. The Fourth Amendment is where the right to be free from “unreasonable searches and seizures” is found, reading as follows:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall be issued, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized.
In addition, Article 1, Section 18 of the Nevada Constitution mirrors the rights found in the U.S. Constitution by guaranteeing people the right to “be secure in their persons, houses, papers, and effects from unreasonable searches and seizures.”
When Are the Police Allowed to Search My Person, Vehicle, or Property?
The 4th Amendment requires law enforcement to obtain a warrant, based on probable cause, before they can legally conduct a search and seizure; however, the warrant requirement has been watered down over the years. For example, the police can conduct a “pat down” search of your person to check for weapons or contraband without first obtaining a warrant. Likewise, your vehicle may be subject to a warrantless search without violating your rights. Your home, however, retains a high level of protection when it comes to a search. Unless the search falls under one of the few narrow exceptions, a search cannot be legally conducted without first obtaining a warrant. The exceptions that allow a warrantless search include:
- Exigent circumstances.
- Consent.
- Plain view.
- Search incident to a lawful arrest.
What Is “Probable Cause” for the Purpose of Obtaining a Search Warrant?
To obtain a search warrant for the legal search of your home or property, a law enforcement officer must submit an affidavit, preferably in writing, but it can be called in, to a judge or magistrate. The affidavit must include sufficient “probable cause” to justify the authorization of the warrant. “Probable cause” can be defined as a “reasonable belief that evidence of a crime will be found in the place to be searched.” In addition, the warrant requirement must specifically state the place to be searched and the items to be seized. If the judge or magistrate signs the warrant, the police must take a copy with them when they search, and they must abide by the terms of the warrant with regard to where they can search and what they can search for during the search. For example, if the warrant allows them to search for stolen vehicles, they cannot legally open small drawers in a desk where a vehicle clearly could not be found.
Can I Refuse to Consent to a Search?
If law enforcement officers show up at your home or business without a warrant and ask you if they can search the property, you have the right to refuse. In fact, one of the most common mistakes people make is consenting to a search because they are nervous, or they do not understand their rights. Because consent is one of the few exceptions to the warrant requirement, the police frequently exert significant pressure on people to get them to consent to a search when they know they lack the probable cause necessary to obtain a warrant.
What Should I Do If I Was the Subject of a Las Vegas Warrant Search?
If your home or property was searched in Las Vegas, or the police asked you to consent to a search, consult with an experienced Las Vegas criminal defense lawyer at The Vegas Lawyers as soon as possible to discuss your next steps. Call us at 702-707-3000 or contact us online.