Sheppard, White, Kachergus, & DeMaggio, P.A. Attorneys & Counselors At Law
Call us anytime.
During office hours, call 904-701-0589
After office hours, call 904-727-7191

Regular office hours are 7:30 a.m. to 6:30 p.m.

Law Enforcement Searches

If you are ever asked by law enforcement officials for permission to search anything, our best advice is to say "no", and ask for your attorney. Each of us has the Constitutional right to deny a search that is not called for by a warrant. We also have the right to remain silent and the right to have a lawyer. If you say "no", consent can be sorted out later. But if you say "yes", you waive your Constitutional right. What's done cannot be undone. 

The Fourth Amendment of the United States Constitution gives us the right to be free from unreasonable searches and seizures. A search that occurs without a warrant is presumed to be unreasonable. The burden is then on the State to prove that the search was lawful. If, however, you consent to such a search, you give up your Fourth Amendment protection.

If you are ever asked to turn over your computer to authorities without being presented a warrant, say "no". Some people think that they can limit the terms of their consent when a computer is involved. This simply does not happen. A computer can be removed and be gone for months and months and months. The next thing you know, you are indicted. Because you consented to have your computer removed and looked at, you have waived your right to challenge the search of the computer.

Some people do not understand that police officers can be untruthful when they are trying to get your consent without a warrant. Often police officers will indicate to you that, by giving consent, you will put yourself in a better position. However, law enforcement officials cannot promise you anything. The only person that can make an enforceable promise is a prosecutor.

It has been our experience that it is never in your best interest to consent to a search. If you consent, it's too late. Whatever is obtained during such a search can and will most likely be used against you. Our standard advice is to always say "no"!

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  1. Martindale Hubbell AV Preeminent Peer Rated for highest level of Provisional Excellence 2016 Best Lawyers Best Law Firms US News 2016 American College of Trial Lawyers William J.Sheppard Best Lawyers Lawyer of the year 2014 The Florida Bar Board Certified Best Lawyers|Best Law Firms US News|Criminal Defense: White-Collor|Tier 1|Jacksonville|2017
  2. Best Lawyers Best Law Firms US News 2017 AV Martindale Hubbell Peer Review Rated For Ethical Standards and Legal Ability Super Lawyers Best Lawyers Linking Lawyers And Clients Worldwide

Sheppard, White, Kachergus, & DeMaggio, P.A. Attorneys & Counselors at Law.
215 N. Washington Street
Jacksonville, FL 32202

Phone: 904-701-0589
Phone: 904-727-7191
Fax: 904-356-9667
Map & Directions

Regular office hours are 7:30 a.m. to 6:30 p.m.

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