Criminal Defense Attorney Kristin Paulding Reveals How Agreeing To A Police Search Can Be Legal Suicide – Virginia Beach
Leading criminal defense attorney Kristin Paulding, founding partner at 7 Cities Law in Virginia Beach, VA, explains why agreeing to a police search is similar to committing legal suicide. For more information please visit https://7citieslaw.com
Virginia Beach, VA, United States – May 31, 2020 /MM-REB/ —
In a recent interview, leading criminal defense attorney Kristin Paulding, founding partner at 7 Cities Law in Virginia Beach, VA, revealed why agreeing to a police search is similar to committing legal suicide.
For more information please visit https://7citieslaw.com
When asked to comment, Paulding said, “Consenting to a police search can be detrimental to your case before you even step foot inside a courtroom. This is true even if you are innocent and have nothing to hide.”
What much of the American public is unaware of, according to Paulding, is that saying “no” to a police search is a fundamental right.
“The 4th amendment of the US Constitution protects citizens against unreasonable searches and seizures. Law enforcement must first obtain permission to search either you or your property – unless they have probable cause that a crime has been committed,” he said.
In fact, she said, refusing a police search often works in someone’s favor in court.
“Let’s say that the police wanted to search you, but they didn’t have probable cause. You didn’t provide consent, but law enforcement searched you anyway. This will give your lawyer the upper hand in court, because the officers in charge will have to prove there was probable cause to carry out a search without a warrant,” she added.
Saying “no” to a police search can also, at times, prevent a search altogether.
When asked to explain, Paulding said, “Many people assume that if an officer asks for a search, they will do it no matter what you say. However, if you don’t allow the police to search, and they have no other reason to conduct the search, the encounter should end. Continuing to search you, without your consent or probable cause, will likely not hold up in Court.”
On the other hand, the police will be allowed to produce evidence that could wreak havoc in cases where the client consented to the search.
“Even if you’re positive that you have nothing to hide in your car or home, there’s a chance that an illegal substance could have entered your property without your knowledge. For instance, a friend that you gave a lift could have been carrying a baggie that fell out in the backseat of your car.”
“But even if the police do find something on your property and you didn’t consent to a search, then your lawyer could still challenge whatever evidence law enforcement claims to have against you,” Paulding added.
Name: Kristin Paulding
Email: Send Email
Organization: 7 Cities Law
Address: Building 4, #423, 291 Independence Blvd, Virginia Beach, VA 23462, United States
Release ID: 88959585