October 27, 2011
/24-7PressRelease/ -- Know Your Rights: When Law Enforcement Requests Consent to Search
The United States Constitution and the New Jersey Constitution protect against unreasonable searches and seizures. As such, New Jersey law requires warrantless searches to fall within one of the few well-delineated exceptions to the warrant requirement. The most frequently relied on exception is consent. In New Jersey, consent can be expressly provided or implied by conduct.
Many law abiding citizens may ask, "What do you have to worry about if you have nothing to hide?" While it is admirable that you obey our laws, the point is that the right to be secure from unreasonable searches and seizures is a fundamental right that goes to the heart of American principles. Many noble Americans have given their lives for the liberties and freedoms that are provided in the Constitution. So, if an officer ever asks you if he can search your residence or your vehicle, you are wholly in your right to respond, "Officer, I am going to exercise my rights under the Fourth Amendment to the United States Constitution and under the New Jersey Constitution and refuse consent."
Law enforcement officers may attempt to convince you to consent to a search. They may say that your car will be impounded or that your property may be forfeited if contraband is found after obtaining a warrant. They may tell you that you will get preferential treatment if you cooperate and consent to the search. In truth, these claims are very rarely accurate. Officers are simply seeking an alternative to obtaining a warrant as a warrant requires probable cause, probable cause the officer may not have.
Our laws require consent to be voluntarily given, not the result of duress or coercion. The burden of proof is on the State to establish by clear and positive testimony that the consent was voluntarily provided. Therefore, even if consent to a search was provided, an individual charged with a crime may have this defense, among others, available.
Lastly, always be respectful when dealing with law enforcement. While there is absolutely no benefit to consenting to a search of your residence or your vehicle, being disrespectful with law enforcement could have negative consequences as well.
Anyone who is charged with a crime or has legal questions regarding criminal law should consult a qualified criminal defense attorney.
Article provided by Law Office of Sara Sencer McArdle
Visit us at http://www.saramcardlelaw.com
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