| To answer this question and a series of others | | | | 1) Consent to the search, if you have absolutely |
| that I will address over the coming days, let's | | | | nothing to hide or conceal in the vehicle and want |
| begin with a quote of the United States | | | | to speed the process along; or |
| Constitution - 4th Amendment: | | | | 2) Refuse to allow the officer to search the |
| The right of the people to be secure in their | | | | vehicle. |
| persons, houses, papers, and effects, against | | | | If you elect to refuse the officer's request to |
| unreasonable searches and seizures, shall not be | | | | search, you should ask the officer if you are |
| violated, and no Warrants shall issue, but upon | | | | under arrest, and if you are not, why he or she |
| probable cause, supported by Oath or affirmation, | | | | wants to search your vehicle. However, the |
| and particularly describing the place to be | | | | officer may not give you a complete answer as |
| searched, and the persons or things to be seized. | | | | to why he or she is asking to search the space. |
| Now, that language is quite heavy and is definitely | | | | Denying an officer's request to search is not an |
| not written in the plain language with which each | | | | admission of guilt, although, the officer may tell |
| of us speaks on a daily basis, so let me rephrase | | | | you that if you have nothing to hide you should |
| it in a way that is more readable and | | | | permit the search. |
| understandable: | | | | The officer may insist on searching your car. |
| An individual, his or her house, documentation, and | | | | Clearly state, "I am not giving consent to this |
| personal property shall not be searched through | | | | search" but do as the officer instructed. |
| or possessed for an unreasonable purpose (by | | | | Repeatedly, but politely and firmly repeat that you |
| the Government). Further, a warrant is required | | | | are not consenting to the search, as the likelihood |
| and may only be issued if probable cause that is | | | | of the statement being recorded is great, at least |
| supported by someone swearing to the | | | | under most department policies. This recording will |
| truthfulness of his or her statement is presented | | | | be invaluable in a later court proceeding, should |
| to a Judge, and the sworn statement must | | | | one arise. But, no matter what you do, do not |
| specifically describe the place to be searched and | | | | interfere with the search and do not touch the |
| the person or things to be taken. | | | | officer, as either of these actions is likely to get |
| So, to address this question, I use my experience | | | | you arrested. |
| as a former police officer and a Criminal Defense | | | | Also, the officer may place you in the patrol car |
| Attorney. Let me begin by describing a scenario | | | | or even handcuff you and have you sit on the |
| that each of us witnesses on an almost daily | | | | curb while conducting the search. Again, this does |
| basis. You are driving down the highway and see | | | | not mean you are under arrest but will likely be |
| a car pulled onto the shoulder of a roadway and | | | | labeled as an "officer safety" tactic. This usually |
| behind it is a black and white car with flashing red | | | | occurs if there is only one officer and multiple |
| and blue lights. An officer is standing at the | | | | occupants to a vehicle or if the officer knows |
| window of the vehicle, talking with the Driver, | | | | that backup is not nearby. If the officer does |
| who is the only occupant. The officer tells the | | | | handcuff you, DO NOT RESIST and provide a |
| Driver that he wants to search the vehicle. What | | | | reason to arrest you. |
| happens from here? | | | | Another situation that may arise is that an officer |
| The general rule: An officer may stop and | | | | instructs the occupants out of a vehicle because |
| automobile if an officer possesses a reasonable | | | | he is going to search it. This type of search is one |
| and articulable suspicion that the motorist has | | | | based on probable cause. For example, if the |
| violated a traffic law. Once the vehicle has pulled | | | | officer approaches a vehicle and smells what |
| to the side of the road, the Fourth Amendment | | | | "training and experience" tells him or her is |
| permits the officer to search the vehicle's interior | | | | marijuana or another illegal substance, he does not |
| by looking through the windows; This is the "plain | | | | have to obtain consent to search the vehicle. But, |
| view" or "plain sight" rule that has developed in | | | | the officer may ask for consent because then |
| case law and is part of the "automobile exception" | | | | there is little room to contest the search later, |
| to the warrant requirement of the 4th | | | | except for a claim that the search was not |
| Amendment. | | | | voluntary or freely given...i.e. that the search was |
| However, the trunk of a vehicle cannot be | | | | coerced. Under this situation, even if you refuse |
| searched unless the officer has probable cause to | | | | consent, the officer may search the vehicle |
| believe that it contains contraband or the | | | | anyway. Again, if this happens, do not resist and |
| instrumentality's of criminal activity, and similarly, | | | | do not create problems. You may always |
| the officer does not get to look into locked | | | | challenge the search in court and the more |
| containers or a locked glove compartment unless | | | | cooperative you were (in following instructions) |
| the same type of probable cause is present. | | | | the better result you may later obtain. |
| When the vehicle is impounded, its contents may | | | | The information contained in this article is not |
| be inventoried without a warrant, including the | | | | specific to any state and if you find that you or |
| contents of the trunk and any containers inside it. | | | | your vehicle or property has been searched or |
| The rationale for permitting warrantless searches | | | | seized, you should contact a criminal defense |
| of cars is that the mobility of automobiles would | | | | lawyer without delay if you believe that your |
| allow drivers to escape with incriminating evidence | | | | rights may have been violated. An good defense |
| in the time it would take police to secure a search | | | | attorney will be able to answer your questions |
| warrant. The Court has held that a person | | | | about what happened and determine whether you |
| expects less privacy in an automobile than at | | | | have a valid claim or case. And, it is very |
| home and when you think about it, this is | | | | important that you advise your attorney of what |
| reasonable-you are driving down the road in a | | | | happened as quickly as possible, especially if you |
| vehicle that anyone, not just an officer, may look | | | | are facing criminal charges as a result of the |
| through the windows and see what is inside. | | | | search since the evidence found as a result of an |
| As the Driver of the vehicle, you may do a | | | | illegal search will probably be excluded from any |
| couple of things: | | | | proceedings against you. |