Would you be waiving your 4th amendment if the police said they already had a search warrant but you never seen it and consented them to enter your home?
June 06, 2007 6:12AM
By consenting to anything the police ask you, you are waiving
your rights. The Supreme Court ruled that the police do not have to
inform you of all your rights (just your Miranda rights when being
placed under-arrest) nor do they have to be honest when trying to
get you to waive your rights. A good lawyer might could argue that
probable cause wasn't established so the search is inadmissible,
but chances are slim that a Judge will buy it.