Understanding Your Rights: Search and Seizure
Search and seizures. Let’s talk about it. Hi, my name is Carl Birkhead. I’m a Tulsa criminal attorney with Wirth Law Office in Tulsa, Oklahoma. I’ve been practicing family and criminal law for almost 8 years now, and I want to help you make law easy by understanding when rules regarding search and seizures apply.
Your Constitutional Right
We all have a constitutional right to protect ourselves from law enforcement stopping us on the street, in our car, or at home and rummaging through our belongings without cause. Our founding fathers literally fought a war to ensure we wouldn’t live under that kind of unchecked government power.
So what does that mean for you? It means your rights don’t vanish just because police suspect you of a crime. There are specific rules for when and how law enforcement can search your person, your property, or seize anything illegal. They typically need your permission, a warrant, or probable cause.
The Importance of Knowing the Rules
For example, if you’re pulled over for speeding, that alone doesn’t permit the officer to dig through your glovebox, center console, or trunk. Unless you consent, they need a warrant or probable cause. Let’s say there are bags of heroin and scales sitting clearly in your passenger seat. That’s what’s called the plain view doctrine. If illegal items are visible, an officer can seize them without a warrant.
Or, if the officer has specific suspicions and calls in a K-9 unit, and the dog alerts to something in your car, that could justify a search without a warrant as well. But short of those situations, they can’t just poke through your stuff on a hunch.
Protecting Yourself During a Search
That’s why it’s crucial to know your rights. If an officer asks, “May I search your vehicle?” the answer should be: “Not without a warrant.” If they have one, you have to let them proceed—but if they don’t, you’re under no obligation to agree.
Think your rights may have been violated during a search? Call us. We’re here to help.
Contact Us for a Low-Cost Initial Strategy Session
My name is Carl Birkhead. I’m a Tulsa criminal defense lawyer with Wirth Law Office, and I want to help you make law easy. If you believe your rights have been infringed upon, don’t hesitate to reach out. Call us at 918-879-1681 for a low-cost initial strategy session. Let us assist you in navigating the complexities of search and seizure law.
