How to Refuse a Police Search (USA only)

LandLine Magazine story on truck searches

http://www.landlinemag.com/Archives/2006/May2006/news/Search_Seizure.htm

(McConnell is the author of LandLine's "Road Law" column)

McConnell said that truckers are still constitutionally protected from the illegal search and seizure Shirk mentioned. However, McConnell said when an officer asks to conduct a legal search, it's important for the driver to remember that search and seizure law will always be filled with gray areas, and that the Fourth Amendment debate isn't meant to be fought entirely on the side of the highway.

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"I think you could say no, and maybe they won't do the search - but have some time to kill when you say no, because chances are you're going to be down," McConnell said. ​

Jamin Raskin, a law professor at American University and former assistant attorney general for the state of Massachusetts, said refusal to consent isn't enough for the officer to claim probable cause.

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"The first thing we have to understand is that refusal to consent to a search does not constitute probable cause to search,"

<snip>

If you feel you've got nothing to hide, McConnell suggested consenting to a search as a way of demonstrating your innocence to the officer.

"Unless I'm doing something illegal, I probably would give consent to search, and I probably would offer to help," he said. "This offer to a public official probably would go a long way to get you out of there, rather than being combative."​

 

Perhaps we SHOULD be something of a "road side lawyer". A lot of us had a chance in school to glean at least a beginning understanding of our rights taught in civics class and US history, but many slept or played their way through those classes. I am in total agreement that the argument of "IF you have nothing to hide you should allow a search" is dangerous to our freedom and liberty and should not EVER be allowed.

You could bank on the fact that if a LEO or politician were to be stopped and asked if they would allow a search under the "If you have nothing to hide" argument a firm NO would be forthcoming and if pushed the next thing out of their mouths would be "talk to my lawyer" and there would be many back channel communications with that officer's superiors about the "Incedent".

I believe the best response whether in a commercial vehicle or private passenger vehicle would be to "NOT CONSENT" to a search AND let the burden of conducting a legal search fall to them. If an illegal search is conducted and you are arrested then your lawyer can best work with your NO CONSENT given statement. If a legal search is performed then you have lost nothing in not giving consent. You would have been searched and arrested anyway. The LEO's are not your "friends" and as stated in the video clip their job is to arrest you for illegal activities and their training is formidable in using ways to get you to incriminate yourself. There are very few that would or could give you a "break" if you were found to be in serious violation of the law.

A lot of what used to be "minor infractions or misdemeanors" are now classed as FELONIES. Being stopped and arrested is much more damaging to your liberties and freedoms than it once was.

Perhaps the following statement might be appropriate as a last response to a LEO's approach to search your vehicle.

"IF you can LEGALLY inspect or search my vehicle without my consent there is nothing I can do to stop you, but I DO NOT give my consent to ANY search".

 

Here's my 2 cents for what it's worth. I say "flex" your rights. Just be respectful, polite, and keep cool. I've been on both sides of the search in my time. I've met both jerk a-hole cops and jerk a-hole civilians. There is not lack of either.

So here's what you should know. Cops treat everything as an investigation and prepare a case accordingly, so you should be prepared to defend anything you say or do in court. The easiest way to stay out of trouble is don't do anything illegal and if you do maybe you deserve what you get (just sayin'). Cops know what they can and cannot get away with when it comes to searching a person or vehicle. So if they go ahead and search you illegally you have an easily winnable case. So don't fuss with the cop say no, let them do their thing and wait for you day in court.

Also, any civilian can file a grievance against a cop through the agency the officer works for. This process is taken very seriously and cops do get dismissed for bad behavior. So if you feel you've been unjustly searched or detained by all means file a grievance. Just for god sakes don't argue and fight with the cop because you will lose in the end.

 

I've posted this before, but now seems like a good time to roll it out again.

The videos are a law proffessor and a LEO.

Never talk to the police:

http://www.examiner.com/civil-liber...ested-or-why-you-shouldn-t-talk-to-the-police

 

Good info Rich. It's basicly what I said when I wrote: "Cops treat everything as an investigation and prepare a case accordingly, so you should be prepared to defend anything you say or do in court.". Although, I'm not sure I'd go as far as saying "never talk to the police". If you know something the police should know by all means say it! Citizens keeping information to themselves and not talking to police is a huge problem. This idea of it being wrong to "drop the dime when you see a crime" is what keeps criminals on the streets. By the way, let me make clear I'm not saying go out and incriminate yourself.

 

Then you have the right to file a misconduct report on the officer. What was their badge number? You probably didn't get that information. Just because they're an officer of the law, don't give them the right to break it. If they break it, even if you're not arrested, you still have the right to file misconduct report, then sue the heII out of the city, state or county =)