Can I Search Your Car?
I'm on a streak of sorts. My last two Motions to Suppress in marijuana cases have been granted. Like any other criminal defense attorney I have had more than a few MTS denied. However, as a NORML legal committee member marijuana victories are especially satisfying.
Aggregating these cases produces some general advise on being stopped and searched.
First, cops will often try and trick you into granting permission to search your car. You should NEVER let the police search your vehicle.
Why? The cop might be crooked, your friends might be drug users, and the officer has already decided you are a criminal.
Look out for this typical line the cops use to get your consent to search.
Cop- "You don't have any guns, meth, hand grenades, or dead bodies in your car do you?"
You- "No."
Cop- "Then you don't mind if I search your vehicle."
You- "Actually I do mind. Am I free to go now?"
See the trick. The cop is implying that only a person with something to hide would deny permission to search. He wants you to say "No, I don't mind" before you have a chance to think about it." In this case the correct answer is "Yes, I do mind".
Cops rarely ask for permission to search in a straight forward manner. They often backdoor their search request. Why? They want to get your consent, without informing you of your right to refuse.
Why do the police want to search your car? Not because they like you, or "just to check your vehicle" or so they can let you go. The police only ask for consent to search because they think you are a criminal and they don't have probable cause to search.
Asserting your rights will often make the police angry. Here is a typical response.
You- "I do not want you to search my car."
Cop- "Well, if you have nothing to hide why can't I search?"
You- "Am I free to leave?"
Cop- "If you don't let me search I am going to bring out the drug dog!"
You- "Am I free to leave?"
At that point the cop is left with a decision on whether to actually call out the K9 unit, or let you go. Don't feel bad for him. He is the one who caused this problem. You can still refuse to search, even if the officer is angry, or threatens you.
Starting asking cops if you are free to leave. Cops hate this, but it is important. During a traffic stop the police should only be investigating traffic violations. They will inquire about the violation, check your DL and insurance and check for warrants. If the police start asking about drugs, it is because they think you have them.
Finally, never try and stop an officer from searching. That's always a bad idea. Even if you think he is acting illegally the side of the road isn't the place to correct bad officer behavior.
Comments
Robert, I greatly appreciate that you're sharing such important know-your-rights info for the public. I think you'll appreciate my nonprofit org's website and instructional video, Busted: The Citizen's Guide to Surviving Police Encounters. You can watch the full video on our YouTube site at
www.Youtube.com/flexyourrights
Feel free to post the video to your blog, and call me if you're interested in volume-rate DVDs for your clients. Thanks!
Posted by: Steven Silverman | June 22, 2008 10:39 PM
Imagine if you were to go to Wal-Mart, and as you get out of your car, a stranger approaches you and wants to go through your glove box, check out your seat pockets, dig through your ash tray, etc. Would you let him? Would you feel violated if he did it anyway? You have a very good reason to deny a search of your car: you value your privacy and prefer to keep the nose of strangers out of your private property!
Posted by: JR | June 23, 2008 3:12 PM
JR,
Thanks for the link. The situation is even worse than you describe. Not only is the Wal Mart stranger rude, they have already decided you are a criminal!
That's the situation with consent searches- The cops think you are a criminal, they just haven't found the evidence yet.
Thanks for helping to spread the word.
RG
Posted by: Robert Guest | June 23, 2008 7:44 PM
You know...identity thieves will pay top dollar for quality information...fresh from current documents...easily copied roadside...anonymous...
Posted by: Melanie | June 24, 2008 8:15 AM
I have watched the video from steven Silverman on your rights involving vehicle searches and thought I felt fairly secure within my rights and felt knowledge is good! But,... the film failed to mention anything about the police calling the drug sniffing dog and merely and plainly anyone can determine they are only useing the dog as an excuse to use the "well the dog hit on your vecihle and now we dont need a search warrant!" when it was clear the dog didnt hit on your car at all! now boils down to your word against the police and the clearly non trained drug dog! These warrantless searches are a violation of our constitutional rights! thxs for reading my vent But seriously this is out of hand! Whats next America? We are allowing an infringment on our freedom. well on the way to "land of the not so free" thxs.
Posted by: Jeff Craft | July 4, 2008 6:52 AM
I don't mind letting a police officer search my car. I have nothing to hide. I am glad there are officers out there who are doing such a good job.
Posted by: Anonymous | July 10, 2008 5:17 PM
Agreed with other anonymous. If you aren't a criminal, then I'd more than happy show off my car - ta da! However, for those who have something on them, the idea of the police being forced to bring their K-9 crew, will not sit well as you're appearing in court. You might as well cooperate if you are a "criminal" and hope for a reasonable judge.
Posted by: Anonymous | July 15, 2008 12:41 PM
Anons,
Thanks for reading. The belief that only criminals assert rights is not one I agree with.
Rights protect you from criminal police action. Say the cop is friends with your soon to be ex wife (Tray Boswell), or if the cop is a member of a drug cartel (Collin County Sheriff).
Anon 2,
Asserting your rights will not hurt you in court. If you are innocent, why would you let the police search your car?
Posted by: Robert Guest | July 15, 2008 1:17 PM
Well it is always good to get on these websites and see what the defense attorneys tell people to get their money. I am glad that I work so hard to keep innocent people safe at night while they sleep. It's nice to know that while I am working I probably protect the innocent defense attorney who is sleeping peacefully in his bed. I as a cop have never back doored a consent to search. I believe that most citizens know that they have a right to deny a search of their vehicle. I further more believe that if a officer was attempting to obtain consent to search a vehicle and the driver/owner says "no" the threat of bringing a K9 dog would be considered coercion. Then again what do I know I am only a police officer who misleads and thinks everyone is a criminal. After all I didn't go to law school and I don't take peoples money to bring up some type of doubt in a persons mind that things were not followed legally. Like I said it is always nice to see what kind of smoke a defense attorney puts up to get more clients.
Posted by: Anonymous | July 17, 2008 6:29 AM
I have nothing to hide, but i don't want people rummaging through my car. Especially people that are power tripping. I have no respect for authority that is doing things the wrong way. On the other hand i have great respect for officers that are doing their job the right way and not abusing their power. Just in case you do run into a cop that decides he just doesn't like you very much, I strongly recommend carrying a pocket recorder. Most phones have a recording function and can save you in many cases.
Posted by: casey | July 25, 2008 6:01 AM
Oh yes, carry a pocket voice recorder in your pocket. You really need this if you are doing nothing wrong. You people are crazy. Why would you need to go through all this trouble if you are not out somewhere doing something you shouldn't be doing? If you people were such innocent citizens then you would not be on this website. Furthermore, you would not be posting things like using a voice recorder to keep yourself out of trouble. It's kinda funny because you guys are so worried about the officers catching you doing what you shouldn't be doing that you need to post your comments to other people. Well the next time that someone breaks into your house and steals everything you have then don't even call the police. The next time someone is creeping in your yard in the middle of the night don't even call just go out there by yourself and handle the problem. Oh yeah, you wouldn't do that because you are scared so you call someone else to come and handle your problem. It's funny though the cops are the bad guys to you people until you need them to come and do something for you. You guys probably think that all of the troops in Iraq should be pulled out immediately too. You guys probably disagree with war and do not understand the cause and effect of a war. Then I think the majority of you people are probably democrats too. This post is not intended to the people who posted prior to me about thinking their local law enforcement professionals are doing a great job. This post is for the dumb defense attorney who runs the web site and all the "perfect" citizens who have nothing to hide.
Posted by: Anonymous | July 25, 2008 11:08 AM
First we'd all like to believe that police officers are there to help us. In our town we have 2 well-known juvenile harassers who judges don't even believe when they state their own name for the record in court. Just this week, my juvenile son was pulled over by one of these officers. His first question was "do you like hot-rodding down *** St.?" My son said, "No. I wasn't speeding." Officer, "I didn't say you were. I could get you for reckless op." He then asked my son where he was coming from. My son told him so-n-sos house. The officer stated that "well he does drugs, can I search your car?" My son refused the search. Officer said he called in the K9 unit...and are you sure you don't want to let me search your car? My son said go ahead and bring the dog. They said the dog alerted (no bark no scratch no sit--said dog lifted its nose)so they searched. Found nothing, let my son go, and only gave him a verbal warning.
The officer said his probable cause was "where he was coming from,who his friends are, and oh yeah he was swerving. Well, a formal complaint is on its way....So know not all officers are good, and many treat juveniles like criminals with no cause. I have informed my sons never consent to a search and never answer any questions. They know our lawyers name and are to give it to the officers who want to question them. As I've heard: "Nothing good can from a juvenile talking to the police without a lawyer present"
Posted by: anonymous | July 25, 2008 9:40 PM
Yeesh.
The assertion that using a voice recorder implies guilt is ludicrous. Police wrongdoing and corruption, while not the omnipresent spectre some would claim, is still very real. A voice recording would eliminate any verbal ambiguity. An officer's verbal testimony certainly carries more heft in court than that of a defendant, but an officer couldn't possibly refute his/her own voice.
If the officer's not doing anything wrong, why would he/she have a problem with someone recording his/her voice? Uh oh! Now I'm using your own arguments against you!
During a traffic stop, a definite imbalance of power exists. Police officers are accorded advantages and rights that non-officers are not. This is necessary in order for police to do their jobs, but it also creates a potentially abusive situation. As a driver, even if I have not committed any crime, I am largely at the mercy of the officer. I can't drive away. I can't punch the cop in the face and tell him to stuff his nightstick up his bum. I can't call my cohorts to come back me up (though the officer can). What I CAN do, as a United States citizen, is assert the rights given to me by the FREAKING UNITED STATES CONSTITUTION (remember that piece of paper?). I can refuse a search. And please, find a law that tells me I can't record the voice of a government employee from within my private property (my car). I'll be floored if you do. The bottom line is: if I haven't done anything wrong, I don't owe anything to anybody, no matter what an officer wants to believe.
Heck, I definitely know there are good cops out there - I actually got pulled over today for speeding by a Maryland state trooper. He was cordial, direct, and efficient (I was pulled over for roughly 5 minutes), and I certainly couldn't dispute the charge levelled at me. All in all, he did exactly what he was trusted by the state to do: protect and serve. I felt respected, and in turn I gave respect back.
BUT!!! Not every officer behaves in such a manner. I know from personal experience. But no journalists wrote about me, so here are some links to noteworthy cases of police misconduct that did elicit media coverage. Cut 'n' paste 'em:
---------------------------
http://www.msnbc.msn.com/id/18328267/
(Atlanta police kill 92-year-old woman during failed drug raid; two later plead guilty to manslaughter)
---------------------------
http://archives.cnn.com/2000/LAW/10/16/lapd.corruption.tria/
(commonly called the Rampart Scandal, LAPD's CRASH unit, purportedly an anti-gang unit, involved in widespread corruption including unprovoked shootings, forged evidence, and drug trafficking; link leads to article about trial of first four officers charged)
---------------------------
http://query.nytimes.com/gst/fullpage.html?res=9F0CE4D81E3DF933A05754C0A965958260&sec=&spon=&pagewanted=all (New York State Police forge fingerprints in several cases over nearly a decade; at least three officers convicted with multi-year prison sentences)
---------------------------
Aaand two from my beloved B-more:
http://baltimore.fbi.gov/dojpressrel/pressrel06/ba061606.htm
(Two Baltimore officers federally convicted of various robbery, drug trafficking, and firearms offenses; combined, their prison sentences exceed 450 years)
---------------------------
This link in particular provides an excellent illustration of the wisdom in civilians making visual and/or audio recordings of interactions with police.
http://youtube.com/watch?v=9GgWrV8TcUc
(Officer Salvatore Rivieri puts headlock on and throws to ground a 14-year-old skateboarding illegally in Inner Harbor area; after video became well-known, Rivieri's police powers were suspended and he was reassigned to administrative duties)
---------------------------
The fact is: bad (nay, terrible) and undeserved things happen to good people. Authority should be wielded deftly, not clumsily. To trust blindly that you are in absolutely no danger of becoming a victim of police misconduct if you are, indeed, not engaged in illegal activity is just that: blind. Authority derives true legitimacy from proper application, not from the unquestioning deference of those under said authority.
Mmmkay?
Oh, and "Anonymous" (two posts above mine)? "[D]umb" people don't pass the bar exam!
Posted by: Ryan | July 25, 2008 10:00 PM
I wrote the post concerning my son being pulled over, k9 searched, and let go with a VERBAL warning. Now, through my research, I am finding that it is "dangerous" to file a police complaint directly to the police department. I do not need for my sons to be harassed more, but I DO NOT want to let these officers continue their abusive behavior either. So, I am stuck right now not knowing how to proceed. I do know that I will not let this go...a month prior to my son being pulled over, this officer stopped some friends my son had stopped to talk to..ask them who was in that car and then stated, "I've been trying to get that car, but haven't been able to". Tell me this is not harassment!
Posted by: Anonymous | July 26, 2008 10:28 AM
What a statement that is "dumb people don't pass the bar exam". I can personally introduce you to many people who have passed the exam and are indeed dumb. I just find it absolutely hilarious that you find such an invasion of privacy by letting an officer search your vehicle. I mean after all most people who commit crimes do not hide things in their cars. As a matter of fact they usually leave them out in plain view. You can post many links that show your side of the story in a positive light. To add to everything else why would you as an attorney not want citizens to get arrested? After all if they weren't arrested how would you make a living? Wow, let's talk ourselves out of a job! So do you still think dumb people don't pass the bar exam?
Posted by: Anonymous | August 1, 2008 4:08 AM
Anon 4:08,
I am trying to talk myself out representing defendants for drug possession. I am a member of NORML, LEAP, and StopTheDrugWar.org.
Possession cases are a huge part of my law practice. However, I would gladly trade that work to end Prohibition.
Prohibition is a perpetual failure, and a disgrace to American values of liberty and limited government. The sooner it ends, the better.
Posted by: Robert | August 1, 2008 9:38 AM
It's interesting how your views of cops can change. I used to be the whole, "Cops can't search my stuff without a warrant man. Stop trampling on my constitutional rights dude" kind of guy.
Amazingly, once I stopped doing things I shouldn't have been doing, I realized wow, I mainly thought that way because I didn't want to get in trouble. Cops GENERALLY don't ask to search you unless you are up to no good.
If you truly are innocent, then say yes right away, let them search, and then you can be the smug jerk afterwards and tell them "I told you so". They're not doing a strip search or anything, its really not demeaning to have them search. They deal enough with real criminals saving your butts, why give them more guff for no good reason?
Posted by: John | August 1, 2008 12:56 PM
John,
You share a common misconception that is it somehow rude to not allow the police to search. I disagree. It is rude for the police to assume you are a criminal and ask to search.
RG
Posted by: Robert | August 1, 2008 6:23 PM
Cops suck.....they don't do the job they are paid to do...NEVER let them search you!
Posted by: Anonymous | August 19, 2008 6:12 PM