Quick and Dirty Tips Podcasts

Episode Transcript

Your Right to Resist an Unreasonable Search
Episode 2: February 08, 2007

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Hello, and welcome to Legal Lad’s Quick and Dirty Tips for a More Lawful Life.

But first, a disclaimer: While I am an attorney, the legal information in this podcast is not intended to be a substitute for seeking personalized legal advice from an attorney licensed to practice in your jurisdiction.

Today’s episode will focus on what you may say to a police officer when he or she asks to search your car, the second of a three-part series on your legal rights when pulled over.

After pulling you over, officers might ask you whether they can search your car. The officer might say, “Hey, mind if I take a look in the trunk?” or “Anything in the car I should know about?”

But, just because the officer has asked to search your car does not mean that you have to let him. You may simply say, “No. You may not search my car.” You generally have a right to remain free from unreasonable searches. But, if you tell an officer that he can search your car, you just waived that right. After that, anything that is found in your car can be used against you in court. What cannot be used against you is the fact that you exercised your constitutional right to remain free from unreasonable searches by refusing to consent to the search.

Now, if the officer searches your car anyway, do not try to physically stop the officer. Remain calm and polite, and tell the officer again, “You may not search my car.”

If the officer finds something illegal in your car, you might be able to challenge the search later. Officers cannot search your car without sufficient justification. While it may turn out that the officer had the right reasons to search your car, consenting to a search is almost always a good enough reason. If you say that he can, if you consent to the search, anything in that car can and will be used against you in court.

So, take a tip from Nancy Reagan and Mr. Manners and "Just say no."

Please tune in to the next episode on what you must do when an officer wants to administer a field sobriety tests, the last of this three-part series.

Thank you for listening to Legal Lad’s Quick and Dirty Tips for a More Lawful Life.

You can send questions and comments to legal@quickanddirtytips.com or call them in to the voicemail line at 206-202-4LAW. Please note that doing so will not create an attorney-client relationship and will be used for the purposes of this podcast only.

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Comments (5) for Your Right to Resist an Unreasonable Search | Subscribe to Comment

Harvey Birdman Attorney at law Says:
11/13/2007 12:48:36 PM

Well Public nudity is wrong but the bill of rights have some reason why its legal and the bible says you shall have freedom hello adam and eve style you feel me playa

Frank Says:
2/18/2007 5:37:55 PM

Is it OK (legal) to ask that a search be stopped after you have given permission (i.e., if the cop is being excessively messy or damaging)? Or, if you've got a camera/phone with camera is it OK to film the search?

AnonLawyer Says:
2/13/2007 3:14:10 AM

Remember your ethics class in law school -- the most dangerous things to a lawyer are family reunions and cocktail parties (as both present an opportunity to proffer advice that, despite all qualifications, is taken as binding). At a minimum, beef up the disclaimer and make clear that you are not creating an attorney-client relationship.

Blissful Says:
2/12/2007 2:20:06 PM

This is an awesome topic! I'm going to subscribe today because you've already taught me some new stuff. Thanks for doing this. :)

Will Ross Says:
2/8/2007 10:34:39 PM

Well done again, sir. It's interesting that even if you didn't know that you didn't have to let the officer search, that giving your consent to a search because it you THINK you have to waves that right. Ignorance of the law really IS no defense.