Police Searches- Your Right to Say No!
If you are stopped by police, you have the legal right to refuse to let them search your car or your person in certain circumstances. You can also refuse some searches of your place of residence. Knowing your rights is essential to protecting yourself in these situations.
In all interactions with the police, you should remain calm and polite. Even if you feel that you have been stopped unfairly, any aggression on your part may cause the situation to escalate. Don’t lie to the police, show them false documents, or interfere with any other aspects of their work.
If the police stop you when you are on foot and suspect that you are armed, they are allowed to pat you down to check for weapons. Any other search of your person can only be done with your consent. If you refuse, the police cannot search you further. You should ask if you are being arrested. If the police are not arresting you, you have the right to leave. You should calmly walk away. If they are arresting you, you have the right to a lawyer. In either case, you have the right to remain silent. It is best to ask for a lawyer right away if you are arrested and to say nothing else.
If the police stop you when you are driving, you have the right to refuse to let them search your vehicle. Police officers can only search a vehicle without consent if they see an illegal item or if they have probable cause to believe that there is something illegal. Your refusal of the search does not constitute probable cause.
If an officer asks you to get out of the car, close and lock the door behind you and leave the window rolled up. This prevents police officers from leaning into your car in order to look for illegal items or anything that would give them probable cause to do a full search. Again, ask the officer if you are being arrested or detained or if you are free to go. If the officer does not answer you clearly, remain polite and calm, but keep asking if you are free to go.
If the police come to your residence, you can refuse to let them enter unless they have a warrant. Even with a warrant, the police only have the right to do what it lists. A warrant may give the police permission to search only certain rooms of a house or to look only for specific items. An arrest warrant allows them to enter if they think the person they are trying to arrest is inside. If the police deviate from their warrant, what they find may not be admissible in court.
In any of these cases, it is essential to remain polite and to cooperate with any demands police officers have the right to make. However, your constitutional rights allow you to refuse police searches without probable cause, such as in the circumstances outlined above.