QUESTION
Is it advisable not to grant consent to search?
Asked on Apr 10th, 2013 on Criminal Law - California
More details to this question:
I was pulled over the other day on my way home from work. Simply put, I had marijuana in my car, less than 10 grams. My car smelled of marijuana on top of everything. I denied the search of my vehicle when asked by the acting officer. I was told he would call the dogs in to search my car, yet i still denied the search. Eventually the officer let me go with a speeding ticket. Was denying the search a good idea? Will it come back to bite me when I'm in court next?
11 ANSWERS
2 Awards
You have a right to DENY a search of your car. It sounds like the officer was on a fishing expedition and was just trying to get you to consent or agree to allow him to search your privative and protected area without probable cause and without a warrant. If the officer had probable cause to suspect that you were engaged in active criminal activity he would have attempted to get a warrant. The officer's suspension alone would not rise to the level of probable cause and thus is a reason for a judge to deny the warrant.
Answered on Apr 14th, 2013 at 8:07 PM
Michael J. Breczinski
Yes it was an excellent idea. You have the right to say no and then in most cases they have to get a warrant and have to convince a judge they have enough reason to search the car or house.
Answered on Apr 11th, 2013 at 11:35 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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If the police officer thought he had probable cause to search your vehicle, he would have done so. Since he let you go with a speeding ticket, I wouldn't worry about it.
Answered on Apr 11th, 2013 at 12:47 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You did correctly and avoided a drug charge, now get legal!
Answered on Apr 10th, 2013 at 8:57 PM
It is a good ideal to deny consent to a search. If you have something illegal, consenting to a search lets the police into your home or car. If you are innocent, police can plant illegal substances on your property. Finally, as a citizen in a free country you should insist on respect for your rights. Every time a citizen stands up and demands that his rights be respected that citizen defends the Republic.
Answered on Apr 10th, 2013 at 8:06 PM
James Edward Smith
No.
Answered on Apr 10th, 2013 at 7:52 PM
You have a Constitutional right to be free from illegal search and seizure. If you are asked to allow a search, you can deny the request without any legal penalities.
Answered on Apr 10th, 2013 at 3:28 PM
You have an absolute right to deny consent to a search of your vehicle. The officer can override your denial if he has reasonable suspicion and search (himself or with dogs) anyway. This officer either didn't feel confident about his suspicion or could not be bothered. There should be no record of your denial of consent nor could it be used against you if there were a record.
Answered on Apr 10th, 2013 at 3:28 PM
Municipal Law Attorney serving Paw Paw, MI
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Mark A. Manning, P.C.
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Good job. Unless you have absolutely nothing to hide, I wouldn't let anyone search my car. If he had sufficient probable cause, he could get a warrant, but in Michigan "smell" alone of marihuana doesn't typically give a reason for search. As to going back to Court again, I wouldn't advise it. Don't do things that tangle you up in the legal system.
Answered on Apr 10th, 2013 at 2:12 PM
Federal Criminal Law Attorney serving Fresno, CA
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Mark A. Broughton, PC
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Absolutely the right thing to have done. It is your right not to consent to a search. Cops try in every imaginable way to coax consent out of individuals, in cars and in homes. Many times, they don't care if you give consent but will simply search and write in their police report that you consented. Had the officer been able to get that dogs to the area doubtless the dog would have "alerted" on your car, and under a recent US Supreme court case, that would give him probable cause to search your car. So, you are lucky and did the right thing. Of course, you may want to handle things differently from now on by way of not having illegal substances in your vehicle or smoking on the road. That's the best way to stay out of trouble in this regard.
Answered on Apr 10th, 2013 at 1:48 PM
Absolutely it was a good idea. You should never consent to search. They ask because without it they can't search.
Answered on Apr 10th, 2013 at 1:48 PM