Tuesday, September 22, 2009 by
Matthew J. Ruff
The answer to this question is an unequivocal no. In fact, the police have every legal right to ask for your permission to search your car or home. However, you have every legal right to let them know that you do not want the intrusion of a search. Unless there is probable cause to search, the police have no business looking through your personal items. The United States Constitution mandates that all people shall be free from unreasonable searches and seizures. What type of governmental conduct is deemed unreasonable, and therefore unconstitutional, is determined by the particular facts and circumstances of each case. However, some hard and fast rules do provide guidance. First and foremost among these is the core principle that all police searches, unless conducted pursuant to a warrant, are per se unreasonable, therefore unconstitutional. There are, however, certain well-crafted exceptions to the warrant requirement, permitting warrantless searches when the requirements of the relevant exception are met, a lawyer should be consulted to address the specific factual scenario in your case