Forced Signatures On Consent Waivers Are Not Legal

Police in Atlanta, GA may request the ability to search your home or your vehicle, but you do not have to give this consent. Generally, they will need to have a warrant or probable cause to search. However, there are some officers out there that may try to coerce people into allowing them to search. They may threaten them and force them to sign a consent waiver. They believe that this signature will clear them of any wrongdoing. These are actually illegal searches if the subject has been forced or coerced into providing a signature.

Since the search would be illegal, it means that anything found in the search would not be admissible in court. It’s important for people to understand this, as it could mean the difference between going to jail and being free.

While the majority of the police officers do their duty properly and according to the law, that is not the case with all of them, as is evidenced by so many recent events across the country. These officers are not only making a bad name for all of the law enforcement officers out there, they are also breaking the law and violating your rights.

While a signature that’s forced on a consent waiver is illegal, it is important to realize that other types of searches may be entirely legal, even though they may feel invasive at the time. Probable cause is one of the biggest areas of confusion amongst most people, and that’s to be expected. The officers need to show that they truly had probable cause to search a home, vehicle, or person. Because of the confusion you may have surrounding probable cause searches, it’s a good idea to get in touch with an attorney.

If you believe that you or a family member is a victim of any type of police misconduct, including forcible signatures on consent waivers, you need to contact an attorney. In some cases, you may even be able to bring a civil suit against the officer for their misconduct. In addition, you may have any criminal charges being brought against you dismissed, since the search and seizure was illegal.

You do not deserve to have your rights violated, and even though the officers may feel they are doing their job, you deserve to be protected. Contact an attorney today to get help with your case. Call us at 404-250-1113.

Resource: http://www.gabar.org/forthepublic/forteachersstudents/lre/teacherresources/upload/ch16.pdf

Blog Post Provided By:

Thomas & Willis, LLC

750 Hammond Drive, Suite 5-100
Atlanta, Georgia 30328

Phone: (404) 250-1113

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