We were taught to respect the police from a young age, and that still holds true in most situations.
However, there is a difference between showing respect and complying with all their requests.
Your constitutional rights
The United States Constitution grants us several rights and protections. The Fourth Amendment is crucial because it protects us against unreasonable search and seizure by the government, including law enforcement. This protection applies to our homes, persons, schools and cars.
During a traffic stop, there are only certain instances in which a law officer can search your vehicle, which include:
1. You have given permission. If this happens, politely refuse and tell them you do not give your consent.
2. They have a warrant.
3. You are being arrested, and the police are searching your vehicle for weapons or evidence related to the arrest.
4. Something illegal is in plain view inside your car.
5. Your vehicle has been impounded, and the police are conducting an inventory search to document its contents.
6. If they reasonably believe that your vehicle contains evidence of a crime. This falls under the “automobile exception” ruling by the Supreme Court. Because cars can be quickly moved and evidence destroyed, law enforcement can search your vehicle if an officer has probable cause, such as an informant’s tip, erratic behavior or the scent of illegal substances, such as marijuana.
If, after refusing to give your consent, the police may still insist on searching your vehicle. Politely refuse again as you exit your vehicle. Be calm and don’t try to stop them. If possible, use your phone to film their search while keeping out of their way. Otherwise, document the situation and the circumstances surrounding the search as soon as possible.
At your first opportunity, discuss your case with someone who can review your documentation, determine if the search was illegal and help protect your constitutional rights.
