Search My Car? - No Way!
by Wayne Patterson Most traffic stops only last a few minutes. Your attitude has been exemplary and the officer has checked your license, registration and insurance. Hopefully you have received only a warning and you are again on your way. However sometimes something arouses the officer’s suspicions and he asks you to step out of the car. This is the point where a wrong move or angry word could easily land you in jail with a lot more to worry about than a simple speeding ticket. Again I am not a lawyer and this is not legal advice. This is simply personal opinion that you use at your own risk. If you need legal advice please contact an attorney familiar with the particular jurisdiction. Only an attorney licensed in the particular state can give you legal advice. Follow the officer’s instructions! You are a lawabiding citizen with nothing to hide. (Otherwise stop here because you should get caught and I don’t have any sympathy for you.) At this point you are not in any serious trouble so do not cause any. Step out of the car slowly without any sudden movements. The officer has the right to pat you down for weapons. He is concerned for his safety so don’t take this personally. Without a doubt he has attended the funeral of a comrade killed during a “routine” traffic stop. He does not have the right to reach into your pockets or to make you empty them unless he has found something or placed you under arrest. This is the stage where the officer will ask your permission to search your car. He has no right to search without probable cause or obtaining a search warrant. You will waive this right if he obtains your permission. Most people will advise that you simply agree to the search. I disagree and do not feel that anyone should allow their vehicle to be searched without cause or at the whim of a police officer. I am going to give your several scenarios and you can make your own decision based on your particular circumstances and the attitude of the officer. Scenario # 1- Strike A Deal. Tell the officer that you were not aware that you were driving in an unsafe manner. Ask politely if you could receive a warning instead of a traffic ticket if the search does not raise any additional issues. If he agrees then allow the search and hope he keeps his word. Scenario # 2 - Call Your Attorney. Ask for permission to call your attorney. Everyone has a cell phone and if you have a prepaid legal plan you can reach an attorney 24/7. Let your attorney talk to the officer and advise you how to proceed. You should be allowed to call until you are under arrest. Then it is at the officer’s discretion until after you are booked. Your first clue that you are under arrest is when the officer starts reading you your rights. Scenario # 3 - Request A Supervisor. Politely request that you be allowed to speak with a shift supervisor. State that you have nothing to hide but want to give the permission to search to a supervisor. Scenario # 4 - Just Say No. You are a lawabiding citizen and have the right to refuse to be searched. The officer will then have to obtain a warrant if he can show probable cause. This scenario is likely to result in the maximum speeding ticket fine and an extended stay by the roadside. However I have seen cases where luggage was strewn about and the officer drives off leaving you to spend an hour repacking. I am a licensed blaster and often legally carry items that could cause concern especially after 9/11. If you decide to refuse do so in a polite and respectful manner. If you are a CDL driver the cab and cargo areas are always subject to inspection. The right of refusal only applies to any closed personal containers in the cab area. This may vary by jurisdiction but most courts have held that truck driving is a highly regulated industry and does not have the same right to privacy as a personal vehicle. The vast majority of police officers are professionals and he or she is only performing their job. However there are some officers and even whole departments that have fallen prey to what I term “power poison.” This is why I prefer to call my attorney or speak with a supervisor in order to assure some oversight of an overzealous officer. What is important is your safety. Do not react even if provoked. Follow the officers' instructions! Be careful of anything you say since it can be used in court. Many cruisers are equipped with video camera and the sight and sound of you cussing an officer will not endear you to a judge and jury. If you are charged then there are several steps you should take to prepare for the trial. What the officer has said is also admissible in court. Pay close attention to his reason for stopping you and anything he asks or does. As soon as possible write down a timeline of everything that occurred. I recommend that everyone carry a disposable camera in their vehicle. Make photographs of the scene from different perspectives. Do not use a digital camera since those photos can be altered and may not be admitted in court. You only have one case (I hope) to remember. The officer has dozens of cases and a discrepancy in his testimony may lead to dismissal of the charges. Unfortunately bad things do happen to good people. Hopefully, this article will allow you to be prepared the next time you fall victim to The Blue Light Special.
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