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 behind this.
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.