Consenting to a search

It’s late at night and you are driving home from work. After a long shift there is nothing more that you want to do then put your feet up and relax. However before you can reach your driveway your rearview mirror lights up with blue flashing lights. You are being pulled over. The officer approaches your vehicle and in a cliché manner asks, “Do you know why I pulled you over?” This is one of the many tricks an officer has in their disposal to uncover any illegal activity you may or may not be a part of. In a calm, polite manner, always answer in the negative and state you do not know as to the reason for the traffic stop.  After a brief moment, the officer states that you have a faulty taillight and asks to see your license and registration. After returning from the cruiser, the officer proceeds to ask if he can search your vehicle. It is at this moment that many people forfeit their constitutionally given rights against unwarranted search and seizure as many mistake the officers request as a command. Again in a calm polite manner, one should always refuse an officer’s request to search your vehicle, even if you have nothing to hide. During a search, property may be damaged or evidence planted. In order to search your vehicle without a warrant and your consent an officer must posses Probable Cause. This entails that the officer have a level of reasonable belief based on facts or evidence that can be articulated that would lead a reasonably intelligent and prudent person to believe the person has committed a crime. Common examples of probable cause include the sight or smell of contraband in plain view such as a baggie containing drugs or plain smell or an admission to a crime. There are four categories into which evidence may fall in establishing probable cause: observational, circumstantial, expertise, and information. The first, observational, is as previously described when an officer through their senses observe anything that constitutes a potential crime.  Circumstantial and expertise evidence is based on the officer and known facts such as gang tattoos or other markings that culminated together gives a reasonable impression a crime has or will be committed. Finally an officer may have probable cause if he were made aware to information through an informant or witness of a crime committed. Overall, there are many tools an officer has to their disposal in order to either legally search your vehicle or trick you into giving consent. It is your right to refuse such violation of your privacy but never attempt to physically stop an officer from conducting a search, legal or not. Instead contact Boyle & Carbone, PC. We will fight to have any evidence suppressed, but it all starts with “no, I do not consent.”