Police Searches

What should I do if the police want to search my home or my car?  Should I consent to a search?

Never Consent to a Search!

Should I consent to a search?Politely tell the police officer that you are not going to consent to a search.

Most people consent to a search because they believe that the officer will not really search. Some people believe the officer does not need their consent to search and if they refuse, the officer will search anyway. This is not true. While there are exceptions to the rule that the police need a warrant to search, you should never consent to a search. If you consent to a search, the police will conduct a search.

Your refusal to consent to a search cannot be used against you in court.

This is also a great time to remember to exercise your right to remain silent and not answer any questions without first talking to an attorney.

If you refuse to consent to a search, but the police search anyway, don’t try to fight them or stop them.  Your personal safety is the most important thing go consider.  If the search is illegal, any items they recover will not be admissible in court against you.

Search Warrants

If the police officer has a search warrant, then there is nothing that you can do to stop them from searching , so don’t try.   The best thing you can do is be polite, keep your mouth shut, and tell them you are not going to answer any questions without your lawyer present.

Special Places

There are special places like airports and border checkpoints where the protections against search and seizure are very limited.  Avoid these places if you do not want to be subject to a search.

 

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