Your Right Not To Be Searched

Your Right Not To Be Searched
Derek Byrd, Byrd Law Firm

As a citizen, you have the right to say no if a law enforcement officer requests to search you, your person, or your car. A common mistake that a lot of people make is believing that once stopped by a law enforcement and the officer asks to search your car, you have some sort of obligation or duty to say yes. In fact, it’s just the opposite. You have a constitutional right not to be searched by law enforcement officers or have your car searched by law enforcement officers.

If you’re stopped for, let’s say, speeding, and an officer comes up to your car and says “Sir or ma’am, would you mind if I search your vehicle?” You have the right to say no and I strongly recommend that you say no.

You should look at the officer as if he’s a stranger. If a complete stranger walked up to you and said, “Hey, would you mind if I kept you on the side of the road and inconvenienced you for the next ten or 15 minutes, and started searching all your personal effects?”

Would you ever, in your right mind, allow that to happen? Of course not. It’s the same circumstance for the law enforcement officer. They have no further rights than any other citizen. If somebody wants to inconvenience you, keep you on the side of the road, have a dog walk around your car, and then start rifling through your effects, they must have a warrant.

Going through the glove box, going through your center console, that’s uncomfortable. Why allow anybody to do that? Simply say no and be polite. Be respectful. But stand your ground. Hold on to your ground and say “No, sir, you’re not going to search my car.”

The same thing goes for your person.  If you’re walking down the side of the road or you’ve been removed from your car and an officer says to you, “Would you mind if I search your person?” The correct answer is no.  I don’t want some stranger feeling up in my pockets, touching me, and patting me down.

If my neighbors drive by and see some cop patting me down on the side of the road, it looks wrong. It looks suspicious. I don’t care if I don’t have anything in my pocket but for a piece of bubble gum. I’m not allowing some stranger to start feeling me up and seeing if I have anything illegal on me.

You have the right to say no. I can’t emphasize enough to remain calm and remain respectful, but tell the officer “No, thank you, but you’re not going to search my car. You’re not going to search my person. You’re not going to search my cigarette pack. My backpack, my trunk, or anything else.”  Just say no.

All information contained herein is provided for the purpose of providing basic information only and should not be construed as formal legal advice. The Sarasota Attorneys disclaim any and all liability resulting from reliance upon such information.  You are strongly encouraged to seek professional legal advice before relying upon any of the information contained herein. Legal advice should be sought directly from a properly retained lawyer or attorney.