Posted in Legal Questions - Criminal Law
Should I consent to a police search?
Any and all evidence obtained following a voluntary search is admissible in court and can be used against you. Oftentimes, the police will explain that your cooperation may help prove your innocence. They may also reason with you that if you have nothing to hide, why not consent to a search? It is important to remember that at all stages of the criminal process the burden is upon the government to prove guilt. It is never your burden to prove your innocence. Because you may not at all times know the entire contents of your home, office, or automobile, you may unintentionally incriminate yourself in criminal behavior. Therefore, it is not in your best interest to consent to a search.
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