It is easy to get confused about your rights in the case that a police officer wants to search your home. This is an invasive and stressful situation, and it is important to know and exercise your rights.
If a police officer has a warrant with probable cause to search your home that has been issued by a judge or magistrate, then they are legally permitted to search your home, even without your consent. If you ever find yourself in this situation, it is important to remain calm and contact an attorney.
You are not obligated to consent to a search. If the police officer does not have a warrant, they then have no right to conduct the search and you do not legally have to provide consent.
If an arrest is made, the police officer is then legally permitted to search both you and the surrounding areas without a consent in order to secure the area. This is one circumstance that can be classified as an “exigent circumstance”, in which a judge will determine if the search was warranted after the fact.
Going through a situation in which you and your personal effects are thoroughly searched can be stressful, but with the help of one of our experienced attorneys, you will be properly equipped to handle your criminal warrants. Contact us for information about how we can assist you in handling criminal warrants in Kentucky.