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What to do if a police officer asks to search you or your vehicle

By Carl Simons

Although the following suggestions are based on how the system is supposed to work in theory, the reality is that police officers have the ability to do anything they want to and some do not always follow the guidelines. Unfortunately, like any other profession (lawyers, doctors, teachers, etc.), there are some bad apples that completely disregard the law in pursuit of their job.

One of the most important things to remember is that if a police officer asks to search you without arresting you, you can always say no. The first thing to do upon being asked to search you or your vehicle is to ask the police officer, "Am I under arrest?" If the officer answers, anything but yes, you are free to decline the search. Regardless of promises to "go easy on you," if you consent to a search and they find something illegal in your possession, you will most likely be charged for the offense.

Additionally, if the officer believes he or she is in danger, or has reason to believe you are carrying a weapon, the officer can search you. Officers are not supposed to search for items other than weapons or items that may be used as weapons.

You would be surprised at the number of people who would have avoided any criminal prosecution whatsoever if they simply had said no to the initial request for a search. However, if you say yes to the search and they do find something illegal in your possession, you can be charged with a crime, as you consented to the warrantless search.

When you decline the search, clearly say to the officer a number of times that you do not have any weapons on you, and you do not consent to the search. If you are lucky, there may be other witnesses around who heard you say this. If the officer goes ahead and searches you without your consent and finds something illegal in your possession, technically, the search is illegal and you cannot be convicted of that particular offense.

Lastly, there is something known as an "impound search." In Los Angeles County, many local ordinances will not allow police officers to leave your vehicle on the street should they take you into custody. This is a very sneaky way of allowing a search of your vehicle without your consent. These ordinances state that prior to your vehicle being taken to the police lot for "safe keeping" while you are being booked or further interrogated, they can do an "inventory search" of your vehicle for "the protection of your property." Unfortunately, courts have found these types of searches and any illegal evidence obtained during these searches to be completely legal.

Although these rules may be a bit confusing, the important thing to remember is that the police are supposed to be able to reasonably demonstrate that you have committed a crime before they can arrest you. You are under no duty to help this process along.

If you have questions about this or any other legal matter, please do not hesitate to contact my office at (310) 749-4LAW. Additionally, I have posted most of my old articles at www.freelegaladvice4u.blogspot.com.