Even if you seem convinced by the police that allowing them to search your person and/or property is "in your best interests," you should always refuse, unless you are presented with an actual search warrant.
Why is this important? Because regardless of whether or not a search you consent to was legal, or not, once you CONSENT to a search, it is allowable under the law, generally no matter the circumstances.
The best advice, when talking with the police, is to give your name and identification (date of birth, place of residence) and simply decline to answer any questions or allow any searches until you consult with an attorney. Remember, it is the job of the police to find evidence of a crime. They are allowed to lie in the pursuit of this evidence.
It is also best to have a jury trial. If you are having a trial in front of a judge, and that judge previously heard a motion to suppress a search, as a human being, that judge will always have that information in the back of their mind. They may be unable to offer a perfectly unbiased hearing of the evidence in a case. If you live in Burlington, Essex, Colchester, Winooski, Williston, Shelburne, or anywhere in the state of Vermont, and have been arrested or charged with DUI or any crime, call Handy Law for aggressive and experienced legal defense.
Blog
06Jul 2021