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24/7/365 Emergency Hotline: 631-348-1702

If you have been arrested, or in case of an emergency, our attorneys can be reached 24 hours a day, 7 days a week, at 631-348-1702.

Five Reasons Not to Allow the Police to Search Your Property

One of the most basic rights Americans have, enshrined in the Fourth Amendment of the United States Constitution, prohibits law enforcement from conducting an “unreasonable search or seizure” without a warrant probable cause. However, there are numerous loopholes in this protection, foremost among them that police do not need a warrant if you allow them to search your property of your own free will. Here are five reasons you may not want to comply with a police request to search your property:

  1. Police are not your friend
    • Law enforcement officers are happy to put on a friendly face for people when they are trying to be let inside your home. However, no matter how friendly they seem at first, they will happily use whatever they find in your home to pressure you into further cooperation, assuming they do not simply try to arrest you. If you do not allow them inside in the first place, they cannot use anything in your home against you.
  2. Law enforcement will not remind you of your rights
    • While police are legally required to inform people of their Miranda rights when they are being arrested, they have no obligation to remind people of their rights beforehand. They are happy to let people’s ignorance of criminal and constitutional law guide them into making self-destructive mistakes. You have a right to keep police from searching your property unless they have a warrant, but you need to remind them of that right if you want to protect yourself from their abuses.
  3. You do not know what the police already have
    • Police will lie about how much evidence they have whenever they are talking to other people, making them believe the police already know everything. The truth is that police often will try to convince people to let them search their property because they don’t have enough evidence for a warrant. If they truly have that kind of evidence, make them show it by getting a warrant first.
  4. You do not know what they will find
    • Some people are comfortable letting police search their homes because they believe they have nothing to hide. The fact of the matter is that you never truly know what the police will find when they search your property. What may start as an innocent search can turn into serious legal problems, and far faster than most people may realize.
  5. It will make it easier for you to defend yourself in court
    • Finally, one of the biggest advantages is that it is far easier to contest evidence obtained from a warrant than from a voluntary search. If the search was done through a warrant, you can contest the legality of the warrant and potentially get any evidence they found excluded from use at trial. On the other hand, it’s almost impossible to contest evidence from a voluntary search. However, the best way to protect yourself is to contact a New York criminal lawyer, who can help you defend yourself in court.

 

If you or someone you know has been arrested for a criminal offense, you will need legal counsel to help you preserve your rights and work to get the best possible outcome for your matter. A New York criminal defense lawyer, who is experienced in handling criminal cases of all sorts, can advise you of your legal rights and will fight for your best interests in court. If you or your loved one has been arrested, contact the Suffolk County criminal defense attorneys at McGuire, Peláez and Bennett at (631) 348-1702.

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Reviews

Mi experiencia con los los Abogados en Mcguirre, Peláez son muy profesionales le recomendaría a mucha de mis amigos hispanos
I can’t recommend Brett Bennett — or really, anyone at McGuire, Peláez & Bennett — highly enough. Hiring Brett was hands-down one of the best decisions I’ve made (and trust me, given why I needed a lawyer, I’ve made some questionable ones).

From the start, Brett made the whole process so much less stressful. He’s approachable, sharp, and always available to chat — no legal jargon, no intimidation, just solid, straightforward guidance. My case wasn’t exactly simple, but Brett’s expertise and understanding of the law turned what felt like a mess into a remarkably favorable outcome. Way beyond what I expected.

Also, special shoutout to the receptionist — she was an absolute gem. Every time I called, she was kind, helpful, and somehow managed to make the whole experience feel a little less daunting.

Bottom line: Brett was affordable, worth every penny, and then some. If you’re reading reviews wondering who to trust with your legal headache — take it from me, this is your guy.
Los abogados son expertos en lo que hacen. Me an ayudado anteriormente y hicieron un buen trabajo. Las muchas de frente son muy buena gente.
Response from the owner:Gracias. Thank you Juan.
Daslin helped so much in reducing my traffic ticket. All points were absolved, and I just had to pay a fee. I highly recommend!
Response from the owner:Thank you Yanni. We're proud of our staff and their commitment to excellence and professionalism. We are so happy to have been able to help you.
I couldn't be more pleased with the service. When I found myself in a frustrating traffic ticket situation, their team clearly explained my options, answered my questions, and resolved the issue. My ticket was reduced to 0 points and just a small fee. Special thanks to Daslin!
Response from the owner:Thank you John. So glad we could help.
Response from the owner:Thank you Edgar!
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