No Case Is More Important Than Yours

How do you tell the police that they can’t search your vehicle? 

On Behalf of | Sep 4, 2020 | civil rights

Your parents probably raised you to be respectful toward authority figures. That might put you at a disadvantage during an interaction with law enforcement. If a police officer pulls you over and then asks to search your vehicle, your first instinct might be to say yes. 

However, especially if you have a used vehicle or frequently drive other people places, they might find something illegal in your vehicle that you don’t even know is there. Instead of just agreeing to a search, you can usually deny an officer’s request to search your vehicle. But, how do you do so without causing a conflict?

It’s important to be firm but polite during your refusal

The more aggressive or contentious you become during a traffic stop, the more likely it is that officers will interpret your behavior as a sign of potential guilt. Instead of acting angry and defensive, be polite but advised the officer that you want to assert your civil rights. 

You can ask them if they have probable cause to search your vehicle when they make the request. Probable cause is the legal standard for a warrantless search of your vehicle without your permission. If the officer cannot assert probable cause before they begin the search, anything they find during that search could be subject to a challenge in a court of law.

Unfortunately, some police officers will try to fabricate probable cause, possibly claiming that they think a cell phone in your pocket is a weapon or that they smelled something that seems like alcohol or drugs. If you believe that police violated your civil rights during a traffic stop or a vehicle search, getting legal help and advice as soon as possible can give you an idea of your options.