Mississippi Criminal and Family Law BlogCan The Police Stop and Search Me in Mississippi?
Yes, if the stop and search is reasonable. The Rules of Court and our State Constitution will protect you if the stop and search is without a warrant or the police do not have a reason (probable cause) to stop you. This protection from unlawful stops and searches includes your house, businesses, and your possessions. You should always contact a qualified Criminal Defense Attorney to deal with this problem.
What happens if I am unlawfully searched by the police?
If you believe you have been a victim of an unlawful search or seizure by the police, it makes sense to get in touch with a qualified criminal defense attorney as soon as possible. While the officer’s actions might seem outrageous at the time of the search, you must remember to not let your emotion get the best of you in this type of situation. Remember, you WILL have your day in court, to tell your side of the story.
What does it mean to be unlawfully searched by the police?
This is a complex question, and the need for an experienced criminal attorney is a must when being faced with this issue. As a general rule, our state and federal Constitutions prohibit searches without a valid warrant unless an exception applies. If no exception is found, the evidence seized as a result of the illegal search should not be allowed in your case by the courts.
Is there a reason that the police could search without a warrant, your house, car, or person?
One exception to the warrant requirement is consent. If you agree to a search prior to the search being conducted, then police do not have to get a search warrant. To provide an exception to the warrant requirement, a person’s consent to search must be knowing and voluntary. Consent is valid only where a person knowingly and voluntarily waives the right to be searched and knowns that they can just say no to any search. Knowledgeable consent to search is consent where the person is told that they have the legal right to refuse the search.
Another valid exception to the search warrant requirement is called the plain view doctrine. In order for evidence found by police to be valid without a search warrant, it must be in plain view. The plain view exception is in the normal course of their legitimate law enforcement activities. This exception, however, does not allow the police to freely search your property on a belief that evidence is present that would warrant an arrest. The evidence must be immediately apparent, and the officer cannot continue to search your property in hopes of finding incriminating evidence. Plain view could be an officer observing illegal drugs through a window in your car or your house allowing a search without a warrant.
While there are many more circumstances allowing searches without a warrant that would allow the police to perform a search or seizure of your property, it is important that you seek experienced legal assistance to ensure that your rights as a resident of Mississippi have not been violated. Please contact a qualified Mississippi criminal defense attorney with your questions about any search or seizure of your property.
Enlist the help of a qualified attorney
When you are searching the state of Mississippi for a qualified experienced criminal attorney, look no further than Vic Carmody Jr., P.A. Over the years, we have helped countless defendants who have been victims of wrongful searches or seizures by the police. While the police officers are tasked with upholding law and order, this does not give them the right to violate your rights granted by our constitution. Please book your consultation today, and we can help you hold negligent officer accountable and fight for your rights.
Please also see us on mississippi-lawyers.com and view our reviews on avvo.com, superlawyers.com, and martindale.com. Our email address is vic@mississippi-lawyers.com and our office phone number is (601) 948 – 4444 option 1.