What Are My Rights During a Drug-Related Police Search or Arrest in Nashville?

The U.S. Constitution protects agains ‘unreasonable searches and seizures’ under the Fourth Amendment. This constitutional right legally requires the police to get an order from a judge to search an individual and their property lawfully and confiscate evidence connected to the alleged crime they’re investigating.

The police are prohibited from searching your property, including your vehicle, without a valid warrant, except under certain circumstances. If they confiscated evidence through an unlawful search, the evidence can’t be used against you in court. If they come to your place with an arrest or search warrant, make sure that they read it to you.

If the police knock on your door without a warrant and ask if they can go in, you have the right to refuse them entry. However, you risk a confrontation with the police or getting charged with obstruction of justice. With this in mind, if the police have already searched you or your property or arrested you and you’re unsure if they did it lawfully, discuss your situation with a Nashville drug offense attorney as soon as possible.

What Exactly is a Warrant?

An arrest warrant is a court order that authorizes the police to arrest an alleged offender and keep them in custody. To secure this order, the police must clearly provide probable cause to justify the request for the warrant. A search warrant is a court order that provides the police the right to search a particular place and confiscate materials from that place. As with the arrest warrant, the police must demonstrate probable cause that the offender committed a crime.

Take note that the police are only legally allowed to search the place they indicated in the search warrant. For instance, if they indicate they want to search the house, they are prohibited from searching the vehicle of the alleged offender. Likewise, they are only permitted to search for the specific thing they indicated in the warrant.

You should also know that the police can make a safety sweep when going inside a property. During the sweep, they’re allowed to check for any dangerous individuals or situations and weapons within reach or in plain view.

Do The Police Always Need a Search or Arrest Warrant?

No. The police can arrest an individual without a warrant if they believe they have probable cause for the arrest and one of the following applies to the case:

• The police have probable cause to reasonably believe the alleged offender committed a felony offense
• The police saw the crime being committed

In most cases, the police will not need a search warrant to conduct search and seizure procedures. These cases typically involve:

• Stop and Frisk
• Plain View
• Pursuit of the Alleged Offender
• Consent
• The Arrest of the Alleged Offender
• Emergency Circumstances
• No Expectation of Privacy

Get Legal Advice From Our Reliable Nashville Drug Offense Attorney Today

If you or a loved one has been arrested or went through an unreasonable search and seizure, the Nashville drug offense attorney at Andrew C. Beasley, PLLC, is here to fight for your rights. Contact us online or call 615-620-5803 to arrange your free case review with our Nashville drug offense attorney.