On behalf of Krische & Moertel LLC on Monday, January 14, 2019.
Are you aware of the rights you have when a cop requests to search your vehicle? If you are like most people, you may not know you have the right to refuse. A police officer needs your consent to conduct a search of your car, unless he or she has a warrant or reasonable suspicion of a crime. Make sure you know when you should say "no" to police officers.
Generally, if a police officer asks for your consent, you should refuse, even if you do not have anything suspicious to hide. Here are some reasons why you should say "no" to vehicle searches.
The U.S. Constitution guarantees you protection against unlawful searches. Unless the police officer has probable cause of criminal activity or a warrant, he or she needs your explicit permission to conduct a search of your property. You do not need to be timid about asserting your right to privacy.
Unfortunately, some cops bend or break the rules when it comes to searches and seizures. It is always a possibility a police officer may search your vehicle even after you refuse. If a cop violates your rights and searches your car without probable cause but still finds something illegal, you may be able to get the case dismissed. When in doubt, say "no."
You can never be 100 percent certain your vehicle is free of contraband, weapons or illegal substances. A careless friend may leave his or her drugs in your car. If you try to explain to a police officer that something in your car is not yours, it is an uphill battle you will probably not win. If you agree to a search, you cannot challenge any evidence. If you refuse the search and are innocent, you may be able to win your case.