Saturday, March 03, 2012

5 Reasons You Should Never Agree to a Police Search

Read this article here

Do you know what your rights are when a police officer asks to search you? If you're like most people I've met in my eight years working to educate the public on this topic, then you probably don't.
It's a subject that a lot of people think they understand, but too often our perception of police power is distorted by fictional TV dramas, sensational media stories, silly urban myths, and the unfortunate fact that police themselves are legally allowed to lie to us.

It wouldn't even be such a big deal, I suppose, if our laws all made sense and our public servants always treated us as citizens first and suspects second. But thanks to the War on Drugs, nothing is ever that easy. When something as stupid as stopping people from possessing marijuana came to be considered a critical law enforcement function, innocence ceased to protect people against police harassment. From the streets of the Bronx to the suburbs of the Nation's Capital, you never have to look hard to find victims of the bias, incompetence, and corruption that the drug war delivers on a daily basis.

Whether or not you ever break the law, you should be prepared to protect yourself and your property just in case police become suspicious of you. Let's take a look at one of the most commonly misunderstood legal situations a citizen can encounter: a police officer asking to search your belongings. Most people automatically give consent when police ask to perform a search. However, I recommend saying "no" to police searches, and here are some reasons why:

1. It's your constitutional right.
The 4th Amendment to the U.S. Constitution protects us against unreasonable searches and seizures. Unless police have strong evidence (probable cause) to believe you're involved in criminal activity, they need your permission to perform a search of you or your property.
You have the right to refuse random police searches anywhere and anytime, so long as you aren't crossing a border checkpoint or entering a secure facility like an airport. Don't be shy about standing up for your own privacy rights, especially when police are looking for evidence that could put you behind bars.

2. Refusing a search protects you if you end up in court.
It's always possible that police might search you anyway when you refuse to give consent, but that's no reason to say "yes" to the search. Basically, if there's any chance of evidence being found, agreeing to a search is like committing legal suicide, because it kills your case before you even get to court.
If you refuse a search, however, the officer will have to prove in court that there was probable cause to do a warrantless search. This will give your lawyer a good chance to win your case, but this only works if you said "no" to the search.

3. Saying "no" can prevent a search altogether.
Data on police searches are interesting, but they don't show how many searches didn't happen because a citizen said no. A non-search is a non-event that goes unrecorded, giving rise to a widespread misconception that police will always search with or without permission.
I know refusing searches works because I've been collecting stories from real police encounters. The reality is that police routinely ask for permission to search when they have absolutely no evidence of an actual crime. If you remain calm and say no, there's a good chance they'll back down, because it's a waste of time to do searches that won't hold up in court anyway.

4. Searches can waste your time and damage your property.
Do you have time to sit around while police rifle through your belongings? Police often spend 30 minutes or more on vehicle searches and even longer searching homes. You certainly can't count on officers to be careful with valuables or to put everything back where they found it. If you waive your 4th Amendment rights by agreeing to be searched, you will have few legal options if any property is damaged or missing after the search.

5. You never know what they'll find.
Are you 100 percent certain there's nothing illegal in your home or vehicle? You can never be too sure. A joint roach could stick to your shoe on the street and wind up on the floorboard. A careless acquaintance could have dropped a baggie behind the seat. Try telling a cop it isn't yours, and they'll just laugh and tell you to put your hands behind your back. If you agreed to the search, you can't challenge the evidence. But if you're innocent and you refused the search, your lawyer has a winnable case.

Remember that knowing your rights will help you protect yourself, but no amount of preparation can guarantee a good outcome in a bad situation. Your attitude and your choices before, during, and after the encounter will usually matter more than your knowledge of the law. Stay calm no matter what happens, and remember that you can always report misconduct after things settle down.

Finally, please don't be shy about sharing this information with your friends and family. Understanding and asserting your rights isn't about getting away with anything, and it isn't about disrespecting police either. These rights are the foundation of freedom in America, and they get weaker whenever we fail to exercise them.

Scott Morgan is Associate Director of and co-creator of the film 10 Rules for Dealing with Police.
Thanks to Stuart for the link.



too long to read. let them or not?

wirecutter said...

Never ever ever. Make 'em work for it.

steve tompkins said...

you know, busted 3 times, shit on me every time. no one found it. one time at ktown, by captain howdy. with dan h. willie ( we called him frenchy) an rick upchurch. at that time scared shitless. theyb searched me found nothing.

rpm2day said...

"I do not consent to a search".
Memorize it.

Shy Wolf said...

My standard response now is, "Show me the video/pix." I've had enough of the gestapo bullshyte. And I always carry a camera with me as well. On the dash, aimed at the driver's window and turned on when I get stopped, which happens a lot lately.

Chris Mallory said...

Along with never consenting to let them search, you should also never talk to the police. They start asking questions you should lawyer up and refuse to say anything else. Nothing you can say will help you, it will only hurt you.
This is a long video, but well worth the time. Basically a lawyer and a cop telling you why you should not talk to the cops.

Matt said...

Agree. Never consent.You have nothing to gain and possibly, everything to lose. Don't do it!

bigmacranch said...

Here's what happened to a friend of ours coming out for a visit during the Sturgis Rally.

At least Robert managed to make the Ted Nugent concert!

wirecutter said...

Thanks, Chris. I posted this before and was going to repost it today if I could find it. You saved me a lot of work.

timbo said...

Last summer I was pulled over in Ohio. She claimed I was pulled over for following a semi too closely - not true. Second trooper pulls up with dog in one minute. Asks for my papers, then takes the dog around my vehicle 3 times. Claims the dog indicated positive for contraband, so they ARE going to search my vehicle - no questions asked.

Put me in back seat of cop car and searched through every single thing possible. Found nothing. Came back and read me my rights before questioning me. Then said they felt their had to be something so they towed my car to a garage where they searched further - while I sit in back seat of cop car outside.

After an hour, she comes out all pissed off and gives me directions back to the freeway! No apology, no nothing.

Since then I've done some research. This is how they get around the constitution - they claim their dog indicated a positive, which thereby gives them probable cause. Just like they did to me.

My word against a cop on the following too close, and the word of the cop on the dog trick. Constitution thereby bypassed and we are screwed.

Ironwill III said...

When I was 21, delivering pizza in Crapifornia, I was stopped IN the strip mall of the pizzeria I worked at while on my way to make a delivery.

I was told I fit the description of someone who just tagged the liquor store next to our shop. I knew the owner, he was outside and I told them to ask him if it was me. They went and talked to the owner who confirmed what I said.

They came back and instead of letting me go, they asked if I would consent to a search of my car for any 'tagging paraphernalia' just to make sure.

I told them "No I do not consent." They told me to step out and sit on the curb. They were going to search anyway.

They found my unloaded .380 with a full magazine in a zippered pouch stuffed between my seat and the center console.

Long story short, they confiscated my weapon, issued me a summons to appear in court, and let me go.

I showed up to court, nothing on the docket for me. They told me they'd call. A few days later, I get a letter from the DA saying, "In the interest of justice, your case has been dismissed."

I took the letter to the police station, asked for and received my weapon back. And that was that.

Never consent to a search, even if they do as was in my case, you can still win.