Should You Consent to a Police Search?

A police search is when a police officer searches either you and your clothing, or your home, your car, or any other possession. During the search the police officer is looking for any illegal drugs, contraband, weapons, or any evidence of illegal activity. Generally a person has the right to refuse searches, especially searches when a cop does not have a search warrant.

You’re driving your car and then you see those flashing headlights in your review mirror. A police officer pulls you over and asks if he can carry out a search of your vehicle? You see his flashlights shining through your window, you’re nervous, should you say no? Should you consent to a police search? What should you do?

When a police officer asks to search you, this means he is asking for your permission. What this implies is that he doesn’t have any legal right to search you without your permission.

In this instance, you should make it clear to the officer that you don’t consent to the search. You have the right to do this because the 4th amendment protects your property and person from
unnecessary searches by law enforcement. People often think refusing a search is an admission of guilt or that you have something to hide it’s not! By giving the officer permission to search you or your car, you lose important 4th amendment rights.

Even if you think you don’t have anything illegal in your car or home, sometimes you cannot be too certain. For example, what if you gave a friend a ride to work and unbeknownst to you some drugs accidentally dropped from his pocket on the passenger side of your vehicle? The passenger side of your car is a place most people don’t regularly check but you are responsible for any area in your car. If you consent to a police search now you’re going to be held liable for something you did not know or even think was in your car.

If you have any questions about your rights in regards to police searches contact our defense attorney for a consultation.

About Ryan Stowe

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Ryan Stowe is the principal attorney at Stowe Law Firm, PLLC. Mr. Stowe is proud to be practicing in his hometown of Salisbury, NC, and is a first generation Rowan County attorney. He focuses his practice on traffic violations, criminal defense, and…

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