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
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.