23rd
Scott Morgan, Associate Director, FlexYourRights.org
Whether or not you ever break the law, you should be prepared to protect yourself and your property just in case police become suspicious of you. Let’s take a look at one of the most commonly misunderstood legal situations a citizen can encounter: a police officer asking to search your belongings. Most people automatically give consent when police ask to perform a search. However, I recommend saying “no” to police searches, and here are some reasons why:
1. It’s your constitutional right.
The 4th Amendment to the U.S. Constitution protects us against unreasonable searches and seizures. Unless police have strong evidence (probable cause) to believe you’re involved in criminal activity, they need your permission to perform a search of you or your property. Read more.
2. Refusing a search protects you if you end up in court.
Basically, if there’s any chance of evidence being found, agreeing to a search is like committing legal suicide, because it kills your case before you even get to court. Read more.
3. Saying “no” can prevent a search altogether.
Data on police searches are interesting, but they don’t show how many searches didn’t happen because a citizen said no. A non-search is a non-event that goes unrecorded, giving rise to a widespread misconception that police will always search with or without permission. Read more.
4. Searches can waste your time and damage your property.
Do you have time to sit around while police rifle through your belongings? Police often spend 30 minutes or more on vehicle searches and even longer searching homes. Read more.
5. You never know what they’ll find.
Are you 100 percent certain there’s nothing illegal in your home or vehicle? You can never be too sure. Read more.
Good tips!
