The United States Supreme Court has repeatedly held that a person’s home is subject to the greatest protection under the Fourth Amendment of the United States Constitution.
Before an officer may search a home for evidence of a sex crime, the officer must first secure a search warrant from a Judge. There are a few exceptions to this general rule but the exceptions are narrow. Even though an officer does not have a warrant, if the officer is attempting to search your home, you should not physically resist the officer. Instead, step out of the way and let the officer do what he or she is going to do. Do not consent to the search but do not physically resist it either. It is best to raise these issues in court rather than risk a confrontation between yourself and the police. Rarely does a citizen win in such situations and they are almost always a threat to your physical safety. If the officer asks you questions, you should respectfully decline to answer them. You are under no legal obligation to answer questions even if the officer has a warrant.
When dealing with the police remember the three golden rules:
1. Don’t trust or believe the police.
2. Don’t resist being handcuffed.
3. Don’t say a damn thing
Related posts:
- Should I Give the Utah Police My Side of the Story in a Rape Allegation?
- The Stages of an Utah Felony Sex Case (Rape, Aggravated Sexual Abuse, Possession of Child Porn or Enticing A Minor Over the Internet)
- “Porn Stick” Software Allows The Police, Spouses & Employers To Scan A Computer For Deleted Porn Images
- Does my 5th Amendment Right to Remain Silent Apply to My Possession of Child Porn Trial?
- Twelve Year Old Prostitute Needs Home For the Holidays
Tags: Dealing with police, Home, Illegal Search
