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WHAT TO DO IT AN OFFICER ASKS TO SEARCH YOUR VEHICLE? Never consent to a search. Most individuals arrested on marijuana charges could have avoided the arrest by exercising their Fourth Amendment rights. If a law enforcement officer asks permission to search, it is usually because :
Law enforcement officers are trained to intimidate people into consenting to searches. If an individual does consent, the officer can -and will- conduct a search without a warrant. If the officer finds any contraband, the person will be arrested. Moreover, the validity of the evidence will almost definitely hold up in court ( The recent Alaska and Ohio court rulings are exceptions to the rule.) because consenting to a search essentially amounts to handing the evidence to the officer and saying, "Here it is, arrest me." If an individual does not consent, the officer must either release the person or detain the person and attempt to get a warrant. The fact that an individual refuses to consent does not give the officer grounds to obtain a warrant. The individual should politely say: "I do not consent to a search of my person, belongings, home, or vehicle. I retain my Fourth Amendment right and all other rights under the United States Constitution. I will say nothing until my attorney is present. " If the officer conducts a search anyway-without a warrant-any contraband discovered will likely be declared invalid evidence by the judge and any charges will probably be dropped. If the officer does attempt to get a warrant and is successful in doing so, any contraband discovered may still be excluded as evidence if the individual's lawyer can convince the judge that the warrant itself was invalid-which, in many cases, it is. IMPORTANT: No matter what a law enforcement officer threatens or promises, it is always better to refuse to consent to a search. |
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