If an officer wants to search you, do you know that you have rights? Many people think that they should always agree to a search, even if they have nothing to hide, but this might not be the case. If you have broken the law or you believe that anything is possible in the future, you should be prepared to protect yourself during this time. You do not always have to consent, and here are some reasons why.
Reasons to Not Consent
Constitutional Right: Under the 4th Amendment of the Constitution, you have a right to protect yourself from an unreasonable search. If police do not have strong evidence or probable cause against you, they need to obtain your permission to perform the search. This means that you also have a right to refuse this search. You should always stand up to your own privacy rights when you have the chance.
Protection: Refusing the search could offer you protection if you end up going to court over these matters. If there is a chance that evidence could be found, agreeing to a search is never a good idea. If you know you might have done something illegal, you could be throwing yourself under the bus.
Prevent Search: Police routinely ask for permission to search people every year even though there is no evidence that a crime took place. You should remain calm and say no, and the search might be prevented altogether.
Not Being Sure: Are you 100% sure that there is nothing illegal in your home or vehicle? Perhaps you had a friend in your vehicle and they left drugs behind that you don’t even know about – these are things that could turn up in the search and put you in the face of trouble. You don’t want to have to challenge this evidence later, so you shouldn’t consent today.
You have many rights when it comes to your privacy and searches. We want to stand by your side and help you protect these rights, as we understand how important it can be to you. Call us for more information at the Law Office of Peter Blair.