Menu Contact
Robert D. DiDio & AssociatesRobert D. DiDio
& Associates
Call To Schedule An Appointment
917-300-0984
SERVING NEW YORK WITH INTEGRITY & COMMITMENT

Police searches: know your rights

Over the past few years there has been more publicity given to cases in which police were not following proper policies and procedures. This includes situations where police conducted a search of an individual's vehicle, home or person. However, people often wonder: can the police search me whenever they want? The answer to that is no.

When Can The Police Search Me?

Typically, law enforcement needs a warrant to conduct a search of your vehicle or home. They can, however, search you if probable cause exists. Probable cause does not mean that the officer "thought" that you may be in possession of illegal materials. Probable cause means that the officer physically observed something that raised his suspicions to the level of probable cause.

If a police officer asks if he or she has permission to conduct a search, you are under no obligation to say yes. Often in these situations, if there is probable cause, the officer will not ask if the search can be conducted. If he or she is asking, and you say no, a warrant will have to be issued if in fact a search needs to be conducted.

Just because you are stopped for speeding, or due to suspicion of drunk driving, does not mean an officer can automatically search your vehicle. Again, if you did not give permission and there is no probable cause for a search, the search is illegal and any items that may be recovered during the illegal search are not admissible in court.

The Fourth Amendment

Under the Fourth Amendment to the United States Constitution, tyou are to be free from unreasonable searches and seizures. As such, these rights must be upheld by law enforcement officials. If they have probable cause for a search, or you gave permission for the search, the Fourth Amendment does not apply.

As always, it is your right to remain silent and consult an attorney in any situation involving the police, whether or not you are under arrest. It is generally in your best interests to exercise all of your rights and talk to a lawyer before allowing a search to be conducted, if permission is being requested, or before you say anything to the police.

No Comments

Leave a comment
Comment Information

What Our Clients Say

  1. Pedro from Nassau County

    “I was arrested and charged with being the getaway driver during a knife point robbery. The police stopped my car a block away from the robbery with my co-defendant in the car with me. The victim identified my co-defendant to the police within 5 minutes of the robbery...

    - GREAT JOB MR. DiDIO!”
  2. Johnny From Astoria

    "Mr. DiDio represented me during a murder trial in 2008. I was acquitted of all charges and released from jail after a four-week trial. I am now pursuing a civil suit against the police to compensate me for the time I was wrongfully incarcerated. Mr. DiDio literally saved...

    - GREAT JOB MR. DiDIO!”
  3. Frank from South Jamaica

    “Narcotics officers from Queens County arrested me in front of my house and claimed I had pre-recorded buy money in my pocket after they said I sold cocaine to an undercover officer a few minutes earlier. I was not guilty of the charges and planned to go to trial to prove...

    - GREAT JOB MR. DiDIO!”
  4. Lamar from Brooklyn

    “The Special Narcotics Prosecutor in Manhattan indicted me for the possession of a large quantity of crack cocaine. The police officers claimed they saw me make a sale of cocaine to a female and while they were arresting me, they said a softball size bag of crack cocaine fell from...

    - GREAT JOB MR. DiDIO!”
  5. Pedro from Nassau County

    “I was arrested and charged with being the getaway driver during a knife point robbery. The police stopped my car a block away from the robbery with my co-defendant in the car with me. The victim identified my co-defendant to the police within 5 minutes of the robbery...

    - GREAT JOB MR. DiDIO!”
  6. Kenny From Jamaica Queens

    “I don’t know how to thank Mr. DiDio and his Staff. When I first hired the Law Office of Robert DiDio & Associates, I had two violent felony charges pending against me. I had little or no hope of avoiding significant jail time. My former attorney was encouraging me...

    - GREAT JOB MR. DiDIO!”
  7. Christian from Long Island

    "My mother hired Mr. DiDio to represent me for my first and only criminal case. I was charged with criminal possession of a loaded firearm and other minor charges. Prior to indictment the Prosecutor's Office offered me a plea bargain that would include me pleading guilty to...

    - GREAT JOB MR. DiDIO!”
Email Us For A Response

Tell Us About Your Case

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Robert D. DiDio
& Associates

8002 Kew Gardens Road
Suite 307
Kew Gardens, NY 11415

Phone: 917-300-0984
Fax: 718-793-0165
Kew Gardens Law Office Map