If the police suspect that someone in your company has engaged in criminal activities, they may want to search your business location(s). Can they just come in and conduct a search without obtaining your permission?
For the most part, the answer to this is no. Without your consent, your business cannot be searched. Nonetheless, there are some important exceptions.
A warrant based on probable cause
One of the most common ways that law enforcement can search your business address is by obtaining a warrant based on probable cause. To obtain this, the police will present evidence to a magistrate and they will either approve or deny the warrant.
They must show probable cause to the magistrate. They cannot search your business based on a mere hunch. Generally, the warrant will specify the address and will only remain valid for a period of 24 to 48 hours.
When a suspect is in the building
Those accused of serious criminal offenses cannot simply enter a building to hide. Should the authorities have reliable information that a suspect is on your premises, then they are usually entitled to conduct a search for that person.
Destruction of evidence
The destruction of evidence is a serious concern for law enforcement, particularly with regard to financial crimes. If law enforcement has received reliable information that criminal evidence is being destroyed on your premises, then they may be entitled to conduct a search and seize evidence without a warrant. Situations like these are referred to as “exigent circumstances.”
If you or someone within your company has been accused of criminal offenses, it’s important to protect yourself. Seeking legal guidance will help you protect your rights.
