Thomas V. Mike Miller, Jr., P.A.

Call For A Free Consultation

SE HABLA ESPANOL

Clinton: 301-856-3030

Dunkirk: 301-855-3100

Clinton: 301-856-3030

Dunkirk: 301-855-3100

Thomas V. Mike Miller, Jr., P.A. is here for you during this difficult time by continuing to remain open and fully functioning. Whether you’re having a personal injury, workers comp, family law, protective order, criminal law or traffic defense related issue, our attorneys are available by appointment, phone or video consultations to meet your needs. To schedule a consultation, please call our office at 301-856-3030 or contact us through our website and we will respond promptly.

Serving Our
Community Since 1967

It is critical to find a lawyer you can trust. One of Maryland's best-known attorneys and public servants, Mike
Miller has been active in Prince George's County and nearby communities for more than 50 years.

Do you have the right to refuse warrantless searches?

| Oct 19, 2018 | Drug Charges |

Maryland residents can avoid arrest on drug charges in some cases. At least, by exercising their rights under the law, they can limit warrantless police access to their home and property.

However, to exercise your rights, you must first understand what they are — and their limitations. According to the American Civil Liberties Union (ACLU), this is what every individual in the United States should know about their rights during searches by police.

Can the police search my house?

If they have a warrant, they can. Let’s say the police have a warrant to search for your cousin, who’s a felon. That means that they can look in any place where a human being could conceivably hide. If, during the search they open a desk drawer and discover cocaine inside, you could argue that the search was improper, as your cousin could not hide in a desk drawer.

Police can search without a warrant only if you or another resident give them consent.

When the police are at the door

In that case, the next seconds and minutes are crucial for your future freedom. Don’t immediately open the door. Instead, ask if they have a warrant. If the answer is yes, ask to see it to make sure that they are indeed at the right place looking for the correct suspect.

If you feel compelled by law enforcement officers to step outside, close and lock the door behind you while you determine whether they have the right to search your home.

Absent a warrant, it’s likely the police will pepper you with questions immediately. Be smart and don’t respond. The police may seek and obtain a warrant at that point to search the premises. However, it’s likely that the matter will end there. Your next move should be to call your Maryland criminal defense attorney for advice on how to proceed.

Archives

FindLaw Network
Attorney Profile