Question asked on Mar 26th, 2014
Q: I had a hearing without being represented and the plaintiff’s attorney claimed I hide credit cards. The attorney asked me to pull my wallet and show my cards, the judge approved it. Is it legal to have a search on me without any representation, subpoena or any indication and do it on the spot?
A: To the best of my knowledge, no one has ever challenged an in-court order from the judge to take a drug test, reveal the contents of a wallet, show a tattoo, etc., which kind of orders are actually made all the time — so it is hard to say what the limits on judicial power of that kind would be (the question is not so much a family law question as a criminal law/Fourth Amendment question). If it was demanded, and you complied, there is probably little you can do about it at this point; if you refused, and were detained, consult with criminal defense counsel for your options.
Marshal S. Willick is the principal of the Willick Law Group, an A/V rated Family Law firm in Las Vegas, Nevada, and practices in trial and appellate Family Law. He is a Certified Family Law Specialist, a Fellow of both the American and International Academies of Matrimonial Lawyers, former Chair of the Nevada Bar Family Law Section and former President of the Nevada chapter of the AAML.
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