By: James Davis
In most cases the officer may make requests which, in light of the overall situation, seem like nothing more than commands. For example, it is common for officers to ask for permission to search your car after a traffic stop.
It is essential to know that it is your constitutional right to refuse to allow a police officer to search your car. There are times when officers have the authority to search a vehicle without permission. However, far too often, even when permission is required, an officer will attempt to take advantage of a nervous driver in order to essentially bully their way into searching the vehicle.
Knowing your rights in order to prevent being taken advantage of is important.
The information below offers a few of the basic concepts related to vehicle searches.
However, every individual case is different and if faced with this situation, and so it is advisable to contact our criminal defense law office to get tailored advice. You can call us at 904-358-0420 or click here to send us an email. Our experienced team of criminal defense attorneys will explain your rights and ensure that they are being respected.
When Can An Officer Search Your Car Without Permission?
The 4th Amendment to the United States Constitution protects all Americans against unreasonable searches and seizures.
However, a search is not unreasonable (and therefore not protected) if:
- You have been placed under arrest (i.e. drunk driving), or
- The officer has probable cause (i.e. evidence) that you are armed or engaged in some form of criminal activity. However, there are strict rules about what evidence is or is not sufficient to constitute probable cause. Just because an officer has a hunch or a suspicion is not enough to allow the officer to search.
In all other situations, you have the legal right to refuse a search of your vehicle. Even when you are placed under arrest, there are often specific rules about exactly where within the car the officer can search. Having authority to search the inside of the car, for example, may not mean they also have authority to search the trunk.
How to Refuse a Search of Your Car
Knowing your rights may not be enough when faced with the intimidating setting of a traffic stop. It is important to be prepared to refuse a search properly and without creating further legal problems for yourself. If a police officer asks if he or she can search your car, you have the right to say, “No, Officer. I do not consent to any searches.” If the police officer goes ahead and searches the car anyway, there is a good chance that the traffic stop is being videotaped from the officer’s police car.
Repeatedly and calmly say, “I do not consent to any searches.” It is best to try to handle the refusal calmly. So do not physically try to stop the police officer from doing the search or touch the officer in any way.
Refusing Consent May Not be Easy
Even though it may be your constitutional right to refuse a search of your car during a traffic stop, this may be difficult to do in light of the situation. Police officers tend to be intimidating and may phrase the request to search as a command. No matter what, it is important to keep in mind that you have the right to refuse, even though in practicality it may not feel that way.
Ask, “Am I Free to Go?”
- If questioned by an officer during a traffic stop, it is often helpful to ask “Am I free to go?”
- If the officer replies, “Yes,” leave immediately and calmly. Drive away slowly and follow all traffic laws.
If the officer replies, “No,” you are being detained and have the right to remain silent and to have an attorney present at questioning. It is imperative that you stop talking. Say, “I wish to remain silent and be represented by a lawyer.” Say nothing else until you have spoken to your attorney. Sometimes an officer may try to solicit information from you which itself could lead to probable cause to search further. In other words, remain silent and don’t give the officer more information which could impact your situation.
Where to Get Legal Help
Many people pulled over by the police wonder whether they can refuse a search of their vehicle. Even though you may understand your rights, it is usually best to have an experienced legal advocate looking out solely for you in these situations. Our office can help. We are committed to ensuring that the authorities respect your rights.
Our attorneys are ready to fight and are willing to do whatever it takes under the law to ensure your interests are protected. If you are detained by a police officer, exercise your right to remain silent and call one of our criminal defense attorneys as soon as possible. Our number is (904) 358-0420.