Do you know the limits of what police can do?

| Jan 24, 2019 | Firm News

You have certain rights no matter what type of criminal allegations you are up against or charges you are facing. It is in the interests of any North Carolina reader to know what these are and what to do when experiencing a violation of these rights. One way to do this is to become familiar with the limits of what law enforcement can do.

The job of law enforcement is to protect the public and investigate crime. However, in the execution of these jobs, they cannot violate the rights of the public. There are strict limits to where they can search and how they handle privately owned property when investigating a crime.

What does the law allow police to do?

The law allows police to take certain steps in their efforts to investigate potential criminal activity. There are certain procedures in place that both allow police to do what they need to do and still respect a person’s rights. Some of the actions the law allows police to do include the following:

  • Police may conduct reasonable searches, meaning there is clear reason to suspect criminal activity. In many cases, a search requires a warrant, which a judge only grants when there is probable cause.
  • When entering private property, police may search for the specific items listed on the warrant, and they may do a sweep of the property to ensure their safety.
  • If a person consents, the police can search property without a warrant. They can only search where the owner permits them to do so.
  • If there is evidence of an emergency or the ongoing commission of a crime, such as hearing gunshots, police can enter privately owned property.

The prosecution cannot use evidence collected in an illegal search and seizure against you. If you believe that you experienced a violation of your rights, you can fight back and take steps to defend yourself and your future interests.

Your strong defense

No matter what type of criminal charges you are facing, it is in your interests to build a strong defense in order to adequately confront the case against you. A complete evaluation of your case is the first step in the process of building a defense, which can determine whether police violated your rights and subjected you to an illegal search and seizure.

You do not have to address violations of your personal rights on your own. By reaching out to an experienced North Carolina defense attorney, you can learn more about the specific legal options available to you.