Does a Cop Need a Permit to Search My Car?
Posted: Friday, February 15th, 2019 at 11:15 pm
Does a Cop Need a Permit to Search My Car?
If you’re pulled over, cops have a right to ask you to exit your vehicle, and you have to comply. But what about searching your car? In most cases, a cop need either a warrant or an observable, actual cause to search your car. In other words, if the cop can see an open bottle of beer in the cup holder or a bag of drugs in the back seat, yes, they can ask you to search your car. But if a warrant or a real, observable cause for suspicion are not present, you do not have to consent to a search. Here’s what to do.
Be Respectful and Calm
Your case is almost always going to be undermined if you lose your cool. Yes, it’s scary to have your car searched and it feels like an invasion of your privacy – and it is. But that doesn’t mean you get to lose control. Address the cop as “Officer”, “ma’am”, or “sir”. Always be courteous and respectful. You don’t want anything you say or any action you make to be used against you.
Don’t Speak
You may have to answer certain questions or address the officer to be respectful, but you do not have to answer any incriminating questions. While it’s your right to not speak, it’s not their duty to tell you that unless they’re detaining you. Always keep your responses minimal, and if you don’t want to answer a question you can always say “Officer, I respectfully decline to answer that question without legal representation.” That’s absolutely fair and within your rights to do so.
Are You Being Detained?
Unfortunately, officers are not required to tell you that you’re free to go. Sometimes, a traffic stop feels like a detainment when it’s not a legal detainment. If you’re detained, it means you’re likely under arrest or about to be and the officer isn’t going to let you leave. Legal detainment is any substantial restriction of movement, meaning you can’t go anywhere. That being said, officers can sometimes use slightly manipulative tactics to get you to stay and let them search, even when they know you can go. In other words, most officers won’t say “Just so you know, you can refuse this search and go because you’re not detained.” It just doesn’t happen that often. Use the phrase “Officer, am I being detained or am I free to go?” That question will inform your next move. If you’re not being detained, let the officer know you’re leaving and are happy to answer any further questions with legal representation present.
Refuse the Search
Unless there’s a real, observable cause for suspicion or the officer has a warrant, you can absolutely refuse to have your car searched. Simply say “Officer, I do not consent to have my vehicle searched.” If you get threatened or it seems like the officer isn’t going to use proper conduct, opt for safety, try to keep the situation calm, and then tell your attorney exactly what happened. Tell your traffic or criminal defense attorney that you didn’t consent, that you in fact expressed refusal, that you were threatened (or whatever happened), and that the search happened anyway. It’s always better to collect information (and footage or evidence if you can) at the scene than it is to cause a scuffle or be aggressive with the officer. Officers are trained to see every traffic stop as a potential threat. Don’t give them a reason to see you as one.
Never try to best the legal system alone. If you were the victim of an illegal search or you feel that evidence against you was gained through illegal means, it’s important that you hire a defense attorney right away. Whether it’s a traffic attorney or a criminal defense attorney, only a legal professional with experience and qualifications can assist you in creating the best possible defense. Exercise your right to fight erroneous charges and get a legal consultation today. Your future and freedom depend on it.
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