Do you have the right to refuse a search of your car?

On Behalf of | Jan 21, 2019 | Firm News

When you leave your driveway and head out onto the open road, you usually do not have to worry about encountering the police. If you do find yourself pulled over beside the road, however, how you act may affect your future. That is, you may need to assert your legal rights to protect your liberty. 

Police officers want to search vehicles for a variety of reasons. Once you consent to a search, though, officers may use anything they find in your vehicle to allege you have committed a crime. As such, perhaps the best way to avoid criminal exposure is to refuse a search altogether. Before you do, though, you should understand the legal intricacies of motor vehicle searches. 

Your Fourth Amendment rights 

The Fourth Amendment to the U.S. Constitution protects you from unreasonable searches and seizures. Before officers can legally look inside your vehicle, they must have probable cause. An easy way around this hurdle, though, is for officers to request your consent to search your vehicle. If you provide it, officers may go through your car and collect evidence to use against you. 

Your option to refuse 

Officers receive training on how to encourage criminal suspects to cooperate with investigations. Therefore, you likely must affirmatively refuse a search to keep officers out of your vehicle. Because interacting with investigators can be challenging, you may want to employ one of the following techniques: 

  • Refuse to answer questions
  • Inform the officer of your unwillingness to consent
  • Ask if you are free to leave 

Your other legal protections 

As mentioned, officers must have either probable cause or your consent to search your vehicle. If officers notice evidence that you may have committed a crime, they can legally search your car without your consent. Further, officers may search your vehicle if they choose to impound it after arresting you. Either way, you should never drive under the influence of drugs or alcohol. You should also not carry evidence of a crime with you when you drive. 

Interacting with law enforcement officers can be both intimidating and stressful. Nonetheless, by exercising your legal right to refuse a search of your vehicle, you may boost your odds of avoiding criminal charges altogether.