During the course of a sex crime investigation, law enforcement may execute searches on an accused person under several methods.
Basics of Law Enforcement Searches
Investigators can gain access to things like your home, your car, your devices, and your work center in a variety of different ways, including by your consent for them to search or by getting a search authorization or a warrant. Sometimes, warrants give investigators a period of time during which they can conduct the search, and depending on the nature of the search, that period of time may be for an extended number of days, weeks, or even months.
Once investigators allow that time period to expire, they do need to go back to a judge, or someone who can authorize a search to seek a second search warrant. Sometimes, you won’t even know about that process because it unfolds behind the scenes and there’s no need for them to tell you if they’re seeking another search warrant.
The first time you might hear about a judge granting a warrant could be when investigators come knocking on your door to conduct a search. If investigators are there without a warrant or authorization, however, and are asking for your consent to search your home, you always have the right to deny them consent. You’re not required to give them consent to search. Again, saying “no” when they ask if they can search your home cannot be used against you in any way, shape, or form.
Property Searches Through Consent
Investigators can conduct property searches or searches of an accused person if they get consent. In so many cases those accused of a crime will waive their rights rights and consent to these searches. Even if an accused asks for an attorney and refuses consent, investigators can re-ask for consent until a subject is formally represented by counsel.
Property Searches Without Consent
Law enforcement can search the person or property of an accused person without consent if they receive search authorization from a judge or magistrate.
A search authorization requires law enforcement to have probable cause to believe that the requested search will yield evidence of a crime. Probable cause is a low standard, but skilled attorneys can attack the underlying basis for a search authorization, and if it is legally deficient, that evidence and any evidence that came as a result of the improper search will be excluded at trial.
Repeated Searches
Once law enforcement conducts a search, whether by consent or through authorization, there are many circumstances which would have those same investigators coming back for additional searches in the future. Additional searches generally require new consent or renewed search authorization. These repeated searches generally occur because there is new suspicion that there was additional evidence that was not seized during the first search.
Experienced attorneys have methods to quash additional searches, especially once a trial judge is involved in a matter.
Digital Searches
Digital searches, such as searches of computers, cell phones, and other digital devices work very similar to ordinary property.
The most important thing to know about digital evidence is that you have no obligation to assist in a digital search by entering passwords, but you can be forced to use your thumb print or face ID to unlock a phone. Investigators can gain access to things like your home, your car, your devices, and your work center in a variety of different ways, including by your consent for them to search or by getting a search authorization or a warrant.
If police are seeking permission to search your devices, simply refuse and ask to speak to a lawyer. Before talking to police, it is a good idea to power down your phone. Most phones require passwords upon powering on and you are not required to give passcodes. If asked for a passcode, demand an attorney.
It’s important to remember that a search warrant is a legal document that authorizes the police to search a specific location for specific items or evidence. If the police have a valid search warrant, they have the right to conduct the search. However, it is important to understand that you have rights and that you should take steps to protect yourself and your property.
