Can the Police Search Your Home After a DUI?
Some of the most common questions attorneys receive regard the legality of property searches. For example, you may have been arrested for a DUI in your vehicle, only to find that an officer searched your home. Is this legal? Can evidence found during a home search in this circumstance be used against you in court?
It is only natural that you have a lot of questions about your case. This guide will help you sort out some of the common issues involved in DUI charges and home searches.
What Does the Law Say?
According to the Fourth Amendment, you have freedom from search and seizure without probable cause. The law can be confusing if you aren't sure exactly what it says, so it makes sense if you are not exactly sure if a search of your property was legal.
Additionally, you should note that officers can search your home if you give them permission to do so. They can search your property if they see evidence from outside the property. In the case of your DUI, this might apply to searching your vehicle but not necessarily your home.
Now, what happens if you are arrested immediately outside your home? In this case, the law could be a bit more gray. Officers may search your home as part of the investigation, but your DUI attorney may get some of the evidence thrown out when your case goes to trial.
What About Search Warrants?
A judge may issue a search warrant based on the fact that you have been arrested and that your home may contain evidence of a crime. Even if a search warrant is issued for your home, it is important to note that it will be specific to a location, area, objects, and time.
Call a DUI Attorney
DUI attorneys have seen it all. They have seen a variety of situations in which their clients have been able to eliminate evidence from a criminal trial. A DUI can be complicated because it can involve multiple settings; not only might it involve your vehicle, but it can also involve your home or the area surrounding the vehicle. If you have suspicions about the search of the area, talk to your attorney right away.
If you are facing a DUI and additional charges linked to a search of your home, it is important that you call a DUI lawyer. You do not have to fight your charges alone.