Over the years, the use of no-knock warrants has grown exponentially. With a regular warrant, police are required to knock and announce their presence before entering a private building. No-knock warrants allow police to immediately make forcible entry. Because of this, their expanded use has been hotly contested.
Imagine you're sitting on your couch when you hear a knock at the front door. You ask who it is, and immediately hear "police!" What do you do next? More importantly, what can you do next? Here are a few basics regarding your rights and consent to search your property.
Police officers must respect your rights. If your car was searched, the officers need to prove they were justified in both stopping you and searching your vehicle. If they can't, your charges could be dropped.
In most situations, the Fourth Amendment protects you from searches and seizures without a warrant. However, the courts address these on a case-by-case basis, so a Fresno criminal defense law firm can make you aware of your rights as they apply to different scenarios with law enforcement officers.
A place of dwelling (usually a home or apartment) is quite often rented or lived in by more than one person. The Fourth Amendment requires that police, upon entering such a dwelling, must usually have a warrant based upon probable cause to enter the dwelling to search for persons or property. Otherwise, the search or seizure would be illegal. There are a variety of exceptions to the warrant requirement.