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  • Writer's pictureSchuyler Laverentz

SHOULD YOU LET THE COPS SEARCH YOUR CAR OR HOME?

The simple answer is no. Not ever. If the police have a warrant, a judge has already given them the right to search. If they ask for permission, they don't have the right and the only way they can search your car, house, garage or place of business is if you allow them. I have represented countless clients who gave permission to search their car and were then charged with possession of drugs, paraphernalia or illegal weapons.


If you don't give them permission, they must have probable cause to search. Many times they don't. If you politely tell them they cannot search (and you may have to say it more than once), and they do anyway, your attorney may be able to file a motion to suppress any evidence that is found. In other words, if the judge believes there was not probable cause of a crime, anything illegal that was found cannot be used in the case against you. What does that mean? It means your case is going to be dismissed. No drugs = no case.


Most officers will make it seem like you don't have a choice. You do. They'll try to intimidate you into consenting or tell you that they'll "go easy on you" if you let them search. Not true.


Even if you think your car has nothing illegal, that doesn't mean they won't find something a friend accidentally dropped or you forgot was there. A single hydrocodone is felony possession of a controlled substance.


Simple rule: Never give law enforcement permission to search.

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