If a Police Officer Wants to Search My Car, My Home, or My Person, Do I Have a Choice?

It depends on the situation, but typically, yes. If the police do not have a search warrant on hand to give to you and they ask to search your home, you absolutely can say no. If they ask to search your person or your car, you absolutely can say no. If a police officer then says, “Well, I know you said no, but I’m going to do it anyway,” don’t resist, don’t create additional problems for yourself.

Normally, they have to show that they legally have the authority to conduct that search and if you consent, you have just given them legal authority. Don’t consent. If you possibly have anything illegal or if you’ve been involved in anything illegal, you certainly don’t want to make it easy for the police to gather the evidence against you. You always have the ability to deny consent, and say, “No, I don’t give my consent.” If they got a search warrant, then they already have legal authority because it’s been issued by the court, so they’re going to do their search. If you say no to them searching the car, they very well might do the search anyway. If they don’t have sufficient cause to search your vehicle or your person without your consent, then you don’t want to give consent. You want to make sure that your attorney has the ability to challenge that search.