1. Can I Be Arrested Without a Warrant?

To legally arrest you, one or more of these things must be true:

The police witnessed you committing a crime or have reasonable evidence that you did commit a crime
The police have a warrant for your arrest

If law enforcement officers do not have probable cause to detain you nor a warrant for your arrest, any attempt to place you in police custody may be unlawful.

2. Does an Officer Have to Inform Me Why I’m Being Arrested?

No matter what crime you are being accused of, every U.S. citizen has the right to be informed that they are being detained and the grounds on which they are being arrested. A police officer may wait to do this only until it is practicable. If you were not informed of the reason for your arrest until much later, your arrest may have been unlawful.

3. Can a Police Officer Search Me or My Home Without a Warrant?

An officer must have either a warrant to search your person or property or probable cause. In this case, probable cause refers to the reasonable conclusion that a crime was likely committed on or in the property. If the police do not have a warrant and request to search you, ask if they have probable cause. If they don’t, inform them that you do not consent to a search.

4. What Do I Do If a Police Officer Lied About Me On Their Report?

Unfortunately, officers lie on police reports often to paint a picture of what happened that is more favorable for the officer. This can sometimes be difficult to prove, but you may be able to do so if you have video, audio, written, or pictorial proof that what the officer put on the police report was inaccurate.

5. Do I Need a Lawyer If I’m Arrested?

Fighting criminal charges on your own in Maryland is next to impossible. It’s much more difficult to argue your innocence and present compelling evidence to dispel the charges you’re being accused of without the help of a criminal defense attorney.

Contact Britt Criminal Defense Today

Don’t wait after being arrested for a crime to reach out to an experienced Maryland criminal defense lawyer. Contact Britt Criminal Defense today to learn more about how to protect your legal rights after an arrest and defend yourself against criminal charges. Call now at 443-944-5705.

What Are the Laws Surrounding Home Searches by Police?

Law enforcement officers may ask to perform a home search if they suspect there is evidence within the home that is related to a crime, or if they suspect that a crime has been or is being committed in the home. What rights do you have to refuse a search of your home? Here’s what you should know.

Who Has the Right to Consent to a Home Search

Very few people have the legal right to consent for a home search to be performed, such as:

The Homeowner or Property Renter

If you own or rent the home the police are intending to search, you may legally consent to it. That said, this isn’t necessarily a wise choice since any evidence obtained can be used against you.

A Resident of the Home

If there are adult residents who also live in the home, such as your partner or spouse, they may also provide legal consent to police officers who wish to search your domicile if you are not available.

Older Children

Police officers who wish to enter a home may ask an older child for consent to do so if they believe the child is of age and cognitive ability to understand the matter at hand and agree to let them in.

Roommates

Roommates are also able to provide consent for law enforcement to perform a legal search of a domicile, however, they may not consent for all spaces within that domicile. For example, a roommate of yours may allow shared spaces like the kitchen and living room to be searched, as well as their own bedroom, but they cannot provide legal consent for police to search your private space or the private space of other roommates.

Who May Not Consent to a Home Search

Anyone not listed above may not give legal consent to the search of a domicile. They may consent and the police may search, however, that doesn’t mean that it’s legal or that any evidence found can be used against you. Among those who cannot consent to a search of your home include:

Young children.
Landlords.
Maintenance or housekeeping.

Arrested After a Home Search? Call a Criminal Defense Attorney Now

Don’t wait to get legal help after being arrested following a police search of your domicile. Your future, reputation, and criminal record are on the line.

Call Britt Criminal Defense today for more information or to book your consultation at 443-944-5705.

Top 5 Questions People Ask About Getting Arrested