法律英语：96 Resist an Unreasonable Search

by Michael W. Flynn

First, a disclaimer: While I am an attorney, the legal information in this podcast is not intended to be a substitute for seeking personalized legal advice from an attorney licensed¹ to practice in your jurisdiction².

Today’s episode will focus on what you may say to a police officer when he or she asks to search your car, the second of a three-part series on your legal rights when pulled over.

After pulling you over, officers might ask you whether they can search your car. The officer might say, “Hey, mind if I take a look in the trunk?” or “Anything in the car I should know about?”

But, just because the officer has asked to search your car does not mean that you have to let him. You may simply say, “No. You may not search my car.” You generally have a right to remain free from unreasonable³ searches. But, if you tell an officer that he can search your car, you just waived⁴ that right. After that, anything that is found in your car can be used against you in court. What cannot be used against you is the fact that you exercised your constitutional right to remain free from unreasonable searches by refusing to consent to the search.

Now, if the officer searches your car anyway, do not try to physically⁵ stop the officer. Remain calm and polite, and tell the officer again, “You may not search my car.”

If the officer finds something illegal in your car, you might be able to challenge the search later. Officers cannot search your car without sufficient justification⁶. While it may turn out that the officer had the right reasons to search your car, consenting to a search is almost always a good enough reason. If you say that he can, if you consent to the search, anything in that car can and will be used against you in court.

So, take a tip from Nancy Reagan and Mr. Manners and "Just say no."

Please tune⁷ in to the next episode on what you must do when an officer wants to administer a field sobriety tests, the last of this three-part series.

Thank you for listening to Legal Lad’s Quick and Dirty Tips for a More Lawful⁸ Life.

You can send questions and comments to。。。。。。or call them in to the voicemail line at 206-202-4LAW. Please note that doing so will not create an attorney-client relationship and will be used for the purposes of this podcast only.

Legal Lad's theme music is "No Good Layabout" by Kevin MacLeod.

 

1 licensed   

adj.得到许可的v.许可，颁发执照(license的过去式和过去分词)

参考例句：

• The new drug has not yet been licensed in the US. 这种新药尚未在美国获得许可。
• Is that gun licensed? 那支枪有持枪执照吗？

2 jurisdiction   

n.司法权，审判权，管辖权，控制权

参考例句：

• It doesn't lie within my jurisdiction to set you free.我无权将你释放。
• Changzhou is under the jurisdiction of Jiangsu Province.常州隶属江苏省。

3 unreasonable   

adj.不讲道理的，不合情理的，过度的

参考例句：

• I know that they made the most unreasonable demands on you.我知道他们对你提出了最不合理的要求。
• They spend an unreasonable amount of money on clothes.他们花在衣服上的钱太多了。

4 waived   

v.宣布放弃( waive的过去式和过去分词 )；搁置；推迟；放弃（权利、要求等）

参考例句：

• He has waived all claim to the money. 他放弃了索取这笔钱的权利。 来自《简明英汉词典》
• I waived the discourse, and began to talk of my business. 我撇开了这个话题，开始讲我的事情。 来自辞典例句

5 physically   

adj.物质上，体格上，身体上，按自然规律

参考例句：

• He was out of sorts physically,as well as disordered mentally.他浑身不舒服，心绪也很乱。
• Every time I think about it I feel physically sick.一想起那件事我就感到极恶心。

6 justification   

n.正当的理由；辩解的理由

参考例句：

• There's no justification for dividing the company into smaller units. 没有理由把公司划分成小单位。
• In the young there is a justification for this feeling. 在年轻人中有这种感觉是有理由的。

7 tune   

n.调子；和谐，协调；v.调音，调节，调整

参考例句：

• He'd written a tune,and played it to us on the piano.他写了一段曲子，并在钢琴上弹给我们听。
• The boy beat out a tune on a tin can.那男孩在易拉罐上敲出一首曲子。

8 lawful   

adj.法律许可的，守法的，合法的

参考例句：

• It is not lawful to park in front of a hydrant.在消火栓前停车是不合法的。
• We don't recognised him to be the lawful heir.我们不承认他为合法继承人。