West Monroe, LA asked in Criminal Law and Constitutional Law for Louisiana

Q: In the state of Louisiana who has the right to consent to a search?

The police came to my house asked what I did over the weekend and then when I said no to th search they put me in hand cuffs

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA

A: In Louisiana, the right to consent to a search is generally held by:

1. The property owner

2. A person with apparent authority over the property (e.g., a tenant or resident)

3. An adult occupant of the premises

However, there are important points to consider in your situation:

1. You have the right to refuse a search. The Fourth Amendment protects against unreasonable searches and seizures.

2. Police generally need a warrant to search your home, unless there are specific exceptions (like emergency circumstances or visible evidence of a crime).

3. Placing you in handcuffs after refusing a search could be problematic. Police need probable cause to arrest you or a reasonable suspicion to detain you.

4. Simply refusing a search is not grounds for arrest or detention.

Given the information you've provided, it seems your rights may have been violated. Here are some steps you might consider:

1. Remain calm and do not resist, even if you believe the police are acting improperly.

2. Document everything you can remember about the incident, including officer names or badge numbers if possible.

3. Consult with a criminal defense attorney as soon as possible. They can advise you on the legality of the police actions and your next steps.

4. If you believe your rights were violated, you may want to file a complaint with the police department's internal affairs division or consider legal action.

Remember, this is general information and not specific legal advice. Every situation is unique, and a local attorney familiar with Louisiana law would be best equipped to advise you on your particular case.

John Michael Frick agrees with this answer

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