Albuquerque, NM asked in Cannabis & Marijuana Law and Criminal Law for New Mexico

Q: Do I have to consent to a search?

1 Lawyer Answer
Paul Gerhard Hanson III
Paul Gerhard Hanson III
Answered
  • Criminal Law Lawyer
  • Lynnwood, WA

A: No, you do not have to consent to a police search if there is no police search warrant, no arrest, no police detention or no emergency situation present. The police must first obtain your consent to their search in all those situations in order for their search to be legal. However you may always voluntarily consent to a police search. Both the federal and state constitutions protect your individual right to be free from unreasonable and unlawful searches by police and government agents.

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