Consider this situation: a police officer pulls you over and approaches your car asking to conduct a search. Under what circumstances can you withhold consent? If you’ve never considered the proper way to respond to such a situation, you’re not alone. Even the most cautious drivers may find themselves ill-prepared to deal with an insistent police officer. Before you get back on the road, familiarize yourself with the U.S. citizenships rights and responsibilities and learn when to say no to a police officer.
When You Should Say “No”
It’s not unheard of for police officers to try and push citizens to accept a search—even going as far as ignoring someone when they simply say “no.” If you ever find yourself in this situation, you’ll want to make sure you clearly and forcefully use one of the following statements:
- “I do not consent to a warrantless search.”
- “No, officer (sir or ma’am), this is a private place/home/event, you may not enter without a warrant.”
Officers will try to get you to comply voluntarily to their searches. According to an article in Stanford Politics newsmagazine, they found that “an estimated 90 percent of warrantless searches are conducted pursuant to consent, and they are an important law enforcement tool.” Thus, meaning that people tend to say yes when they have the right to say no. This allows police officers to confuse individuals while simultaneously reinforcing their contention against you if you were to go to court.
Remember, unless they have a warrant or probable cause, police cannot search without your consent. Understanding when you can say no to police officers and why you should is imperative to protecting your rights.
When they ask for consent to search your car or your person
You are allowed to say no when an officer asks to search you or your vehicle. Officers may use language such as “taking a look” inside your car to diminish the seriousness of the act. Make sure you are vocal, yet polite, about not allowing them to do so.
When they ask you questions after your arrest
If you are under arrest, the arresting officer should immediately read you your Miranda rights, which will inform you of your right to an attorney. After this, the first and only thing you’ll want to say is that you want to speak to an attorney. Once you do that, you do not want to say anything else. Your Clackamas County criminal defense attorney will be grateful if you stay quiet, no matter how much the police provoke you to incriminate yourself.
Why You Should Say “No”
It’s your constitutional right
The Constitution protects individuals against unreasonable search and seizure; the 4th Amendment states that citizens have the right to refuse random police searches anywhere, anytime. Only if an officer has strong evidence to believe you’re involved in criminal activity can they perform a search of you or your property.
It’ll protect you if you end up in court
If there’s any chance that an officer may find incriminating evidence, agreeing to a search can be incredibly destructive for you in court. If the police find something, it can kill your case before you even get to prepare your argument.
Remember to stay alert and say no to unwarranted searches.