| Whenever we see a movie, a video, or a clip involving a traffic stop, the police always seem to be pushing to search inside the car involved in the stop. Typically, this is done in the hope on the part of the cops that they’ll find something – drugs, guns, et al. – that will allow them to make an arrest. And they will use anything they can – including lying to you– to obtain your consent to validate an otherwise legally impermissible search. In this video, David P. Shapiro explains how to protect your freedom and your future when law enforcement wants to search your car; here’s a preview: it starts with knowing your rights!
First, David tells us that there is really only one thing the police in California have to provide to you if you are stopped, and that is the reason for the stop. In most cases, they do not have a warrant to search the vehicle, or probable cause to support a warrantless search. In their absence, the cops are left with your consent, if you give it, to make the search legal. Without consent, they run the risk that if, for example, “contraband” is found, you will have grounds to suppress (keep out) that evidence from being used against you in court.
At the most basic level, politely decline to give your consent to search your vehicle, no matter what you may or may not believe is located inside the vehicle. Make them get a warrant, establish probable cause, and/or articulate another legally valid reason for the search. Don’t do their job for them by consenting to the search when they otherwise wouldn’t have a legal basis to get inside your vehicle. The more you know, San Diego! |