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What are an individual’s rights during a police raid?

On Behalf of | Sep 14, 2020 | Uncategorized |

Residents of New Mexico and beyond should be aware that they have certain rights if the police raid their homes. One of the most important things to know is that the police need a search warrant to raid someone’s home — but only in certain cases. If a person hasn’t been arrested, a raid requires a search warrant. However, the police don’t need a warrant if an individual has been arrested, a crime is currently taking place, or the person consented to the search.

The police can also raid a property if they have a warrant for an individual’s arrest or have come to arrest him or her for certain offenses, like trespassing or disorderly contact. However, a search warrant doesn’t give police offers permission to search the people at the property. They can search people under certain conditions, but the individuals have the right to inquire about their reasoning.

Additionally, individuals have the right to film the police during the raid. They are also not obligated to answer any questions. If the police start asking questions, they may wish to speak with a criminal defense lawyer. During the search, the police have the authority to seize any money or possessions that they believe were obtained illegally.

How to proceed after being charged with a criminal offense

An individual who’s been charged with a felony or misdemeanor may find it beneficial to consult a criminal defense lawyer. An attorney may assess the situation and determine if the prosecution committed any wrongdoing. If so, they may be able to get the charges reduced or dismissed altogether.

A lawyer could potentially represent a client who’s been accused of any number of crimes ranging from minor charges, like misdemeanors, to felony offenses, like burglary and homicide. By working with an attorney, someone may be able to avoid incriminating him or herself and present the strongest possible case to the court.