Criminal Defense

Common Questions, Terms & Topics

Michigan Driving Issues

Drug Issues
- Marijuana Scent/
   Probable Cause

- Medical Marijuana Act
- Controlled Substance Act
- Consent Search
- Drug Profiling
     

Drug Issues

Consent Search

Generally speaking, a search without a warrant is per se invalid. However, there are some well defined and well delineated exceptions to that rule. One of the exceptions is referred to as a consent search. This is where an individual allows a police officer to search their home or vehicle without a warrant by simply giving the officer permission to search.

In most cases, giving an officer permission to search is probably not a good idea. A search is an invasion of your right to privacy.

A police officer does not have a right to search your person or vehicle for a civil infraction such as a speeding ticket. However, if you give your consent, you waive that right.

Put another way, if a police officer has a right to search, he doesn't need your permission or consent.

Think about it. Do you really have the time for a vehicle search? Have you ever loaned your vehicle to a friend, or even a family member, who may have left something illegal in it?

These are only general observations related to consent searches, and the actual reasons or rationales that exist for a search tend to be complicated. An accurate analysis can only be made by an attorney who is experienced in criminal law.

© 2008 The Law Offices of Gerald R. Stahl