Found this on a website.....thought it was interesting to post.
NEVER CONSENT TO A COP SEARCH
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Frequently Asked Questionsprinter friendly version
1. Who should know their rights?
2. When are police legally allowed to search me?
3. What is "probable cause"?
4. Why do police want to search me?
5. Isn't refusing to let the police search me an admission of guilt?
6. If I'm not doing anything illegal, why shouldn't I let the police
search me?
7. What if the police call in drug-sniffing dogs?
8. What if the officer says he'll go easy on me if I cooperate?
9. Aren't police required to read me my rights?
10. Is Flex Your Rights anti-police?
11. Aren't you teaching people how to get away with breaking the law?
12. How do my rights apply during security checks?
13. What should I do if I am the victim of police misconduct?
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1. Who should know their rights?
All people should be trained to assert their constitutional rights in
order to avoid the hassle and humiliation of police misconduct and
illegal searches.
According to the Bureau of Justice Statistics report on citizen-police
contacts, about 21 percent of the population age 16 years or older --
or about 44 million people -- had contact with the police during 1999.
More than half of these face-to-face interactions occurred because of
traffic stops.
Of the 19.3 million traffic stops documented in the study, about 1.3
million motorists said they or their vehicle had been searched. In
almost 90 percent of these searches, police found no evidence of a
crime whatsoever! There is reason to believe that many, if not most,
of these searches could have been avoided if the motorist had properly
asserted his or her rights by refusing to consent to a warrantless
search.
Still, while all Americans should be prepared to exercise their
constitutional rights during police encounters, certain groups must be
particularly aware of these rights due to systemic biases in law
enforcement. Data from the Bureau of Justice Statistics show that
minorities and young people are disproportionately likely to be
searched by police.
The debate that has emerged in recent years over racial-profiling by
law enforcement officers highlights the significance of constitutional
provisions intended to prohibit discriminatory police practices. Flex
Your Rights believes that educating citizens about their
constitutional rights can play a significant role in reducing the
harms associated with racial profiling.
Click for more facts on racial profiling and police/public contacts.
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2. When are police legally allowed to search me?
Police officers are legally allowed to search your home or your
property if they obtain a search warrant. To obtain a warrant, police
officers must write out an affidavit -- a written statement under oath
-- to convince a judge that they have probable cause to believe that
criminal activity is occurring at the place to be searched or that
evidence of a crime may be found there.
As a general rule, searches conducted without a warrant are
automatically unreasonable and hence violate the Fourth Amendment. But
in fact most searches occur without warrants because police take
advantage of these many legal exceptions to the Fourth Amendment:
Consent Searches. If the police ask your permission to search your
home, purse, briefcase or other property, and you freely consent,
their warrantless search automatically becomes reasonable and
therefore legal. Consequently, whatever an officer finds during a
consent search can be used to convict the person.
Plain View Rule. This is common sense: Always keep any private items
that you don't want others to see out of sight. Legally speaking,
police do not need a search warrant in order to confiscate any illegal
items that are in plain view.
Searches Made in Connection with a Legal Arrest. Police do not need a
warrant to make a search "incident to an arrest." After a legal
arrest, police can legally protect themselves by searching the person
and the immediate surroundings for weapons that might be used to harm
the officer. Consequently, whatever an officer finds during such a
search can be used to convict the person.
Exigent Circumstances. A judge may uphold an officer's warrantless
search or seizure if "exigent circumstances" exist. Exigent
circumstances were described by one court as "an emergency situation
requiring swift action to prevent imminent danger to life or serious
damage to property, or to forestall the imminent escape of a suspect
or destruction of evidence."
WARNING: If you ever face a real-life police encounter where the
officer is urging you to consent to a search, you should not try to
figure out whether or not he is legally allowed to search you. You
must assume that he is not legally allowed to search you, and that his
search will only be legal if you consent. If the officer is in fact
legally allowed to search you, you have nothing to lose by refusing to
consent to his request.
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3. What is "probable cause"?
Click here for information and a complete definition of probable
cause.
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4. Why do police want to search me?
Simply put, the number of arrests an officer makes is a major factor
used to determine his job performance. And police officers know that
the easiest way to make arrests is to find people in possession of
illegal drugs.
To make one drug arrest, an officer generally has to search ten
people. This means that nine innocent people will likely endure the
inconvenience and humiliation of a police search so that one
law-breaker can be arrested. In some officers' minds, the nine
searches that turned up nothing are easily justified-especially if
those people willingly consented to his warrantless search requests.
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5. Isn't refusing to let the police search me an admission of guilt?
No. If a police officer asks your permission to search, you are under
no obligation to consent. The only reason he's asking you is because
he doesn't have enough evidence to search without your consent. If you
consent to a search request you give up one of the most important
constitutional rights you have -- your Fourth Amendment protection
against unreasonable searches and seizures.
A majority of avoidable, improper police searches occur because
citizens naively waive their Fourth Amendment rights by consenting to
warrantless searches. As a general rule, if a person consents to a
warrantless search, the search automatically becomes legal.
Consequently, whatever an officer finds during such a search can be
used to convict the person.
Don't expect a police officer to tell you about your right not to
consent. Police officers are not required by law to inform you of your
rights before asking you to consent to a search. In addition, police
are prepared to use their authority to get people to consent to
searches, and most people are predisposed to comply with any request
an officer makes. For example, the average motorist stopped by an
officer who asks them, "Would you mind if I search your vehicle,
please?" will probably consent to the officer's search without
realizing that they have every right to deny the officer's request.
If for any reason you don't want the officer digging through your
belongings, you should refuse to consent by saying something like,
"Yes, I do mind. I have private, personal items in my [car, backpack,
etc.] and do not want you looking through them." If the officer still
proceeds to search you and find illegal contraband, your attorney can
argue that the contraband was discovered through an illegal search and
hence should be thrown out of court.
You should never hesitate to assert your constitutional rights. Just
say "no!"
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6. If I'm not doing anything illegal, why shouldn't I let the police
search me?
The sad fact is that most people believe that they are under some kind
of obligation to acquiesce when an officer contacts them and asks
permission to search them or their belongings.
The truth is the exact opposite -- you have a right to associate with,
and speak to, whomever you please. In this respect, there is nothing
special about a police officer. Assuming you would not let a complete
stranger look through your purse or search your pockets, why would you
allow a police officer to do so -- especially if you're doing nothing
illegal? Just say "NO" to police searches!
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7. What if the police call in drug-sniffing dogs?
Your rights do not disappear if the officer threatens to call in the
dogs, so don't let this all-too-common tactic intimidate you into
consenting to a search.
Before the dogs arrive, you have the right to dismiss yourself by
asking if you are free to go. But if the officer detains you until the
dogs come, remain silent and refuse to consent to any searches.
If a K-9 unit arrives, you should never consent to a dog sniff even if
the officer claims you have to (which would be a lie). Remember:
Unlocking your car at the officer's request or handing the officer
your keys is the same as consenting to a search.
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8. What if the officer says he'll go easy on me if I cooperate?
Unfortunately, many people get fooled by some version of this commonly
used police officer's line: Everything will be easier if you
cooperate. That might be true sometimes, but when it comes to
consenting to searches and answering incriminating questions, it
couldn't be further from the truth.
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9. Aren't police required to read me my rights?
No. The courts have made clear that police officers do not have to
tell people that they can refuse to consent to a warrantless search.
In other words, a police officer does not need to read you your rights
before asking you to consent to a search. Also, despite the widespread
myth to the contrary, an officer does not need to get your consent in
writing. Oral consent is completely valid.
Many people believe that an officer must automatically read a person
his or her Miranda rights as part of performing an arrest, either
immediately before or immediately after an arrest is made. This is
also myth.
The truth is that the only time an officer must read a person his or
her Miranda rights is when: (1) the person has been taken into
custody, and (2) the officer is about to question the person about a
crime.
Police officers are often pretty tricky about trying to get someone's
consent to a search. They know that most people feel intimidated by
police officers and are predisposed to comply with any request by a
police officer. For example, the average motorist stopped by a police
officer who asks them, "Would you mind opening the trunk, please?"
will probably consent to the officer's search without realizing that
they have every right to deny the officer's request.
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10. Is Flex Your Rights anti-police?
No. we believe that most police officers are good, hardworking people
who are doing a tough job. We need police to safeguard the life,
liberty, and property of all people.
To do this best, police officers should be trained to serve as peace
officers whose goal is to preserve people's constitutional rights. In
other words, the number of arrests an officer makes should not be a
factor used to determine his job performance. Instead, performance
should be measured by the officer's ability to maintain a safe,
peaceful neighborhood and earn the residents' trust.
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11. Aren't you teaching people how to get away with breaking the law?
No. We teach people that they have rights, and these rights are
secured by the principal documents protecting our civil liberties-the
Constitution and the Bill of Rights. Our nation's founders, who were
keenly aware of the dangers posed by unchecked government power,
created these documents to protect individuals from overzealous law
enforcement officials.
For example, an informed individual who invokes his constitutional
protections whenever a police officer asks to conduct a warrantless
search is doing exactly what the founders intended. The catch is that
these rights only apply if they are effectively asserted. Otherwise,
people may knowingly or unknowingly waive these rights.
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12. How do my rights apply during security checks?
Be aware that private security personnel outnumber police officers in
the United States by three to one. As a result, you may be more likely
to be confronted by a security guard than by a police officer. You
must also be aware of the following places where security personnel
(governmental or otherwise) are permitted to search you without a
warrant:
Border Searches
The Supreme Court has held that an officer does not need a warrant,
probable cause, or even reasonable suspicion to search you, your car,
or your belongings, at a border. Therefore, any time you cross a U.S.
border, you in effect consent to a search.
Airport Searches
Be aware that airport security personnel do not need a warrant,
probable cause, or even reasonable suspicion to search you or your
belongings before boarding any commercial airline. Again, any time you
board a commercial airline, you in effect consent to a search.
Private Security Checks
Private security personnel have a right to search you as a condition
of entry into private property, for example. It is up to the
individual to decide if a search is worth the price of admission. As
long as you are free to walk away, the security personnel do not pose
a threat to your constitutional liberties.
Keep in mind that a security guard can turn illegal drugs over to a
police officer. In such a case, the drugs are then admissible in
evidence, because the search was conducted by a private security
guard. And at the present time the Fourth Amendment does not apply to
searches carried out by non-governmental employees like private
security guards.
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13. What should I do if I am the victim of police misconduct?
If you ever have a run-in with officers who you think are violating
your constitutional rights, don't resist them. As soon as you can,
write everything down about the incident including witness's names and
contact information and the officers' names and badge numbers. File a
police misconduct report immediately afterwards and consult your local
ACLU chapter for advice.