Thursday, October 29, 2015

Does Georgetown PD Require Written Consent for Property Search?

Police often ask to search a person's property to determine if there is any illegal activity being conducted.  It is every citizen's right under the US Constitution to deny permission unless there a properly executed search warrant signed by a judge.  There are instances where the police think they have received oral permission and the property owner thinks they did not give permission.  This can subsequently cause many problems for the property owner, the police, and a prosecutor if evidence of a crime is discovered.

A federal lawsuit has recently been filed in San Marcos alleging the police conducted an illegal search that was not authorized by the property owner. Link

There is a simple straight-forward solution that would prevent any misunderstanding about whether permission for a search was granted or not: Employ a written search consent form signed by the property owner in those instances where there is no official search warrant. The article in the Link provides a more extensive analysis.

This seems like a good idea and Georgetown's police chief should implement such a policy if he hasn't already.

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