Should I allow cops to search my car? Here’s the scenario. You’re driving when you hear the cop sirens and see an officer pull up behind you. Sweaty palms and dry mouth set in because you have some marijuana in your vehicle. Do you divulge your stash? Do you hope the cop won’t ask?
With advice from experienced defense attorney, Shawn McDonald of SMB Criminal Defense Lawyers, here’s what you do: Deny. If an officer requests to search your vehicle, you can decline respectfully by saying, “No, my attorney advised me to not let you search my car.” In some cases McDonald has seen gestures of honesty play in favor of a client in court, but it’s not worth the risk.
What if the officer continues to press you about searching your vehicle? Know your rights. Without probable cause, the police are not permitted to search your vehicle. Probable cause means police must have some facts or evidence to believe you’re involved in criminal activity. Common examples of probable cause include the sight or smell of illegal substances in plain view or an admission of guilt for a specific crime. If any of these criteria are met, it would allow an officer to perform a search and make an arrest.
Keep in mind the traffic violations like speeding or a broken taillight do not constitute probable cause. Police may persuade you to admit breaking a law. For example, an officer may ask, “Do you know how fast you were going?” It’s within your rights to exercise the 5th Amendment protection against self-incrimination by refusing to admit you might have broken a law. The best answer to that and similar questions is “No, Officer.” Because anything you say can and will be used against you in court, the less you say the better. You also don’t want to announce to police that you know your rights. They’ll take that as a confrontational.
Refusing a search request is not an admission of guilt and does not give the officer the legal right to search or detain you. Beware of the legal loophole question, “You don’t mind if I have a look in your car?” The appropriate response here “Officer, I know you’re just doing your job, but I don’t consent to searches.” Some officers may use their authority to coerce an admission from you, asking “What do you have to hide?” In such cases, continue to politely repeat your refusal. The 4th Amendment protects your right to refuse search requests, but it doesn’t require police to tell you about your right to refuse.
If an officer proceeds to search your car and finds illegal substances despite your refusal, an attorney can file a motion to throw the evidence out in court. The presiding judge would have to agree that your 4th Amendment right of probable cause protection was violated.
Video Transcript:
Interviewer: “From your position what do you… if somebody has, whether it’s a small weed… big amount… small amount… what should they do in response when a officer asks ‘Do you have marijuana in the car?'”
Shawn McDonald: “Always deny. Always. It is never… I have never seen it benefit… strike that. I have seen it benefit my clients and I make the argument when they do cooperate and they do give consent or like, ‘Hey, I’ve got some weed in my pocket.’ I have seen them get a benefit for that in court. I’ll go talk to the prosecutor. I am like, ‘Look, he’s an eighteen year old kid. He told the cops where the weed was, he handed it to them, he didn’t play any games. He was up front, he was honest. I have used that countless times and I believe it has helped my client. But do I think that benefit is worth allowing officers to search your car? No. I don’t. Officer asks to search your car you… ‘No. My attorney advised me not to let you search my car. I have a right to refuse.'”
Disclaimer
*This blog post, “Should I allow cops to search my car?”, is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.