Search Site
Menu

When can the police conduct a search?

Being convicted of a drug crime is no small thing. The resulting penalties can leave you facing jail or prison, serious fines, a damaged reputation and a mar on your record that can haunt you for years, if not decades. In hopes of obtaining these convictions, prosecutors often rely on evidence gathered by law enforcement officials during a search. Although this evidence may seem damning, if it is not gathered in accordance with the law, then it may be suppressed at trial, meaning that the prosecution may be disallowed from using it against you.

Although most people are aware that the police can obtain a search warrant, this is not the only way that they can conduct a search in accordance with the law. Another common way that searches are conducted is via consent of an individual. Whether the police want to search your car, your house or your person, they can do so if you tell them they can. However, you don’t have to consent to any search. A lawful search can also be conducted if it is conducted incident to arrest. If you are arrested, then the police can search you and your surroundings to ensure there are no items that pose a danger to the officers.

But even that is not all the ways that officers can conduct a search. They can also search and seize without a warrant any property that is in plain view. However, the police must be legally authorized to be present in that area in order for this exception to kick in.

Although this seems like a pretty wide scope, there are actually carve outs to these exceptions that can be critical when mounting a criminal defense. To ensure that you are using the law, both statutory and case law, to your benefit in these instances, it might be wise to have the assistance of a qualified legal professional by your side.

Leave a Reply

Your email address will not be published. Required fields are marked *

James L. Riotto Attorney Photo
James L. Riotto
Criminal Defense Lawyer

James L. Riotto is an accomplished criminal defense attorney serving clients in New York. With an extensive background in law enforcement and criminal prosecution, his approach to each case is unique and informed by years of experience with the New York criminal justice system. As a graduate from Albany Law School and before going on to start his own practice, James worked at the Albany County District Attorney's Office, where he helped prosecute many DWI offenses. His inside knowledge of the tactics used to gain convictions provides him with a particular advantage when defending against DUI and other criminal charges.

Adam D. Staier Attorney Photo
Adam D. Staier
Of Counsel

About Attorney Adam Staier has spent the last seven years practicing criminal defense law throughout upstate New York and the Capital Region. He began his legal career through internships in civil law, indigent legal representation and federal energy law regulation. Finding a passion in criminal law, Mr. Staier held internships handling both prosecution and defense…

William M. Swift Attorney Photo
William M. Swift
Associate Attorney

About William M. Swift is an associate attorney at the Law Office of James L. Riotto and brings 20 years of experience to our clients. His practice focuses on personal injury cases and criminal matters. He has successfully represented individuals in felony, misdemeanor cases. Additionally, he has extensive knowledge in DMV administrative proceedings involving suspensions…

  • What to do if pulled over for a DUI


    How to deal with a DWI traffic stop

    How you handle getting pulled over for a DUI/DWI can significantly affect your defense down the road. For instance, declining the officer's request to search your vehicle and avoiding specific answers when asked about any substances you may have consumed could help you when combating DUI/DWI charges in court.
    READ MORE
Reviews and Ratings
  • google
    5.0/5.0

    Without going into great detail , The Riotto Firm, Especially William Swift did an amazing job handling my situation which was very frustrating, but with patience and alot of expierance , the outcome was incredible, Im very thankful to thier dedicat...

    Read more

    Mike Kraten

  • google
    5.0/5.0

    I want to first THANK EVERYONE from The Law Office of James L. Riotto who helped me.They never stopped. It took a few months but It was worth the wait. I highly recommend this Law Office to anyone who would want to get there life back. Thanks again f...

    Read more

    miguel camacho

  • google
    5.0/5.0

    Was a great experience working with Riotto Law. Everyone was professional and extremely helpful!

    Read more

    Sammy

  • google
    5.0/5.0

    The team at Riotto was great. I was given updates throughout the process and always received quick, thorough replies when asking questions.

    Read more

    Jessica

  • google
    5.0/5.0

    Excellent service Thank you a lot Federico

    Read more

    D pamaesma

See all reviews
Contact us

Quick Contact Form