May 16, 2008 By Wallin & Klarich

Police officers in Washington, D.C. are so anxious to get guns out of the city they are actually going door-to-door asking citizens for “consent” to enter their homes to search for illegal guns. Washington, D.C. is home to one of the most restrictive gun bans in the United States. The gun ban is currently the subject of a case that is pending before the United States Supreme Court.

People should be aware that, if they give the police permission to search their home, or their car, or their person, that they are giving up valuable rights under our Constitution. Specifically, the Fourth Amendment to the Constitution forbids the police from engaging in “unreasonable” searches, and generally, the police are forbidden from searching people’s homes without a search warrant issued by a judge. You should know though, that, if you give the police permission to search, you have no right to complain later on that the police did not have a warrant to search. Accordingly, if you are approached by police officers and asked if it is “alright” for them to search your car, your house, or your person, you should politely tell the officers that you do not want to give them permission to search without first speaking to a lawyer. This will preserve your right, guaranteed by the Constitution, to be free from “unreasonable” searches by the police.

Call Wallin & Klarich at 1-888-749-0034 and we can answer any legal questions you may have.

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