法律英语：96 Resist an Unreasonable Search（在线收听）

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 licensed to practice in your jurisdiction.

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 unreasonable searches. But, if you tell an officer that he can search your car, you just waived 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 physically 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 justification. 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 tune 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 Lawful Life.

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