If a police officer wants to search you or your property, you probably
should refuse this request if the officer does not have a search warrant.
Even if you are sure that don’t have anything to hide, it’s
often still best to refuse a police search. Let’s look at the reasoning
It is Your Constitutional Right
Refusing a police search for which there isn’t any probably cause
indicating that you are involved in criminal activity is your right according
to the 4th Amendment to the U.S. Constitution. If you don’t want
a police officer to perform a search, you should refuse this search based
on your constitutional rights.
Refusal Might Help a Future Case
In case you end up being charged for a crime and your case goes to court,
the refusal of a police search might work in your favor. Often a police
officer will still perform a search even after refusal. In this case it
will have to be proven in court that there was probable cause that warranted
the search. Your lawyer might be able to leverage this to win the case.
Searches Can Take a Long Time and Even Cause Damages
Police searches can take quite a while, especially home searches. A lot
of time can be wasted waiting around for the officers to finish the search.
Furthermore, police officers are often not very careful with your valuables
during a search, which can result in damage to your property. If you’ve
consented to the search, it’s often difficult to get compensation
for caused damage.
They Might Find Something You Didn’t Even Know Was There
It’s usually difficult to be 100% sure that there is nothing illegal
to be found on your property. For example, a joint roach could have accidentally
been left in your car by friends or acquaintances who smoke weed (you
might not even know about their habit either). If police officers find
this during a search, they more than likely won’t believe that it
is not yours.
In case you get pulled over or arrested, it’s important that you
know your rights so you can prevent making the situation worse. Even more
important is to stay calm in these situations. When you refuse a police
search, stay calm even if the officers still go ahead with the search.
If you’ve been arrested and charged for a criminal offense, you will
need legal help immediately. You need to get an experienced attorney who
will aggressively defend your case. The
criminal defense lawyers at The Kyle Law Firm have the necessary skills to handle your case in
the best possible way.
Contact us today to set up a free consultation.