The general rule of thumb is that police must announce their presence, that they have a search warrant, and request your permission to enter. There are certain exceptions to this general rule. If you deny consent when they have a search warrant, they can use reasonable force to enter the premises and conduct a search. The police can also enter your home using reasonable force if you are not home at the time of the search.
If the police show up at your door for a search, remain calm and ask them to show you the search warrant to confirm that they have the authority to do so. You can also tell them that you would like to speak with your attorney first and call one right away to protect your rights early.
In This Post
In this blog article, I will help you understand search warrants, how to handle law enforcement abuse, laws that protect your rights, and what you should do when the police show up at your door with a search warrant.
Does Law Enforcement Have to Show You Their Search Warrant?
Police must tell you that they have a search warrant to search. However, they must only show you the warrant when you have demanded to see it. You should always ask to review the search warrant.
Review the following details:
- Where the police are allowed to search
- The date and time they are permitted to enter your property
- The specific items or documents that they are searching for
- The offenses that triggered the search
Be aware that anything you say during the execution of the search warrant may and likely will be used against you. Engaging in conversation with the law enforcement or answering their questions may not be in your best interests. Also, ensure that you do not give them consent to search beyond the specific parameters described in the search warrant. Your best bet may be to leave the area and contact a New Mexico criminal defense lawyer for direction.
What Do You Do If Police Threaten or Harass You During a Search?
When law enforcement officers conduct a search and seizure, they are at your home to carry out the warrant while gathering additional evidence for the case against you. As such, most police officers will not threaten or harass you, but it can happen.
Keep in mind that they are allowed to move furniture, empty drawer contents, and otherwise use search techniques that align with the warrant’s provisions.
Gather Evidence of the Abuse
If you cannot contact your attorney and observe apparent threatening or harassing behaviors by law enforcement, take out your cell phone and record the police search. Once the search is complete, you should continue recording and taking pictures of any property damage they caused, if any.
Get Legal Advice ASAP
Even if you are not detained or arrested, you should speak with an attorney as soon as you can. You have the right to talk with your attorney confidentially, which means you should make the call out of earshot from the police.
Can You Use Force If Police Are Behaving Illegally?
While you have every right to reasonably defend yourself, it will make your case even more challenging if you use it. The officer’s version of events will likely be different from yours and may even add Obstruction of Justice and Police Officer Assault to your list of charges. Instead, remain in a safe location, take video, and photo evidence of the behavior, and call an attorney as soon as you possibly can.
What Laws Protect Your Rights During a Search and Seizure?
You have legal rights when a search warrant is executed under the United States and New Mexico Constitutions. While several constitutional amendments protect your rights, the 4th Amendment primarily addresses and protects your rights concerning unreasonable search and seizure.
US Constitution 4th Amendment Text
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
New Mexico State Constitution Article 2, Section 10 Text
“The people shall be secure in their persons, papers, homes and effects, from unreasonable searches and seizures, and no warrant to search any place, or seize any person or thing, shall issue without describing the place to be searched, or the persons or things to be seized, nor without a written showing of probable cause, supported by oath or affirmation.”
State and Federal Laws Protect Your Rights
As you can see, the wording of both constitutions is mostly the same. Both state that your property cannot be searched without probable cause. In several matters, a search warrant is necessary for a search and seizure even though there are exceptions to the rule.
When Police May NOT Need a Search Warrant in New Mexico?
In most situations, law enforcement must procure a search warrant to search your home, person, vehicle, or other property. However, some matters may not require a search warrant.
Examples of when law enforcement may not need a warrant include:
- Emergencies
- Search will protect law enforcement from immediate physical harm
- Evidence is in plain sight of the officer’s view
- You voluntary grant consent to search
Since New Mexico’s constitution provides greater protections than the 4th Amendment, the evidence seized may become admissible even if a judge previously issued a search warrant. However, you should keep in mind that our justice system is vastly complex and could be understood and interpreted differently.
Related Article: Can a Lawyer Clear a Warrant in New Mexico?
Who Do You Call for Legal Advice About a Search Warrant?
If you are accused, detained, or arrested for a crime that involved a search warrant and search of your premises or property, you should seek legal help from a criminal defense lawyer in New Mexico to protect your rights under the law. We will review your case to devise a case strategy that seeks to get your charges dismissed, dropped, or reduced, including objecting to any evidence unlawfully seized in violation of your constitutional rights.
Free Case Strategy Session with a New Mexico Criminal Defense Lawyer
Whether the police are at your door right now or you are looking for help after the fact, you can count on a New Mexico criminal defense lawyer at Grano Law Offices, P.C. to get you answers. The best place to start is a Free Case Strategy Session with our legal team today by messaging us about your case privately through the contact form below or calling (505) 426-8711.
