Can I ask for a lawyer during the execution a search warrant?

Asked on November 28, 2011 under Criminal Law, Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can ask, but the authorities don't have to provide one, or wait for your own lawyer to show  up (you can certainly call him and ask him to hurry over). Your constitutional right is to have an attorney for trial, if charged, or to have an attorney present if questioned by the police; however, that right does not extend to a right to have a lawyer during a search. Your lawyer can't be kept out during the search, and can be valuable to have around, but you can't make the search wait on the lawyer.


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