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Police Searches: Your Rights


Getting Searched by the Cops

Did You Know That You have The Right To Refuse A Police Search?

A suspicious officer, who has just stopped you, approaches your vehicle and asks to search your car. You know that he is going to find some incriminating evidence but somehow you are too scared to say no. In fact the way he asks, he is actually ordering you to accept a search rather than asking for permission. If you catch this element, remember should you decide to contest ANYTHING in court.

Do You Know Your Rights?
Few people understand the rules of engagements with officers of the law and as a result quickly get themselves into very serious trouble.

The golden rule when an officer flags you down is that you should not admit anything. Do not even mention the speed you know you were doing ˆ it does not matter whether it is below or above the speed limits. Of course you should fully corporate and produce whatever the officer asks to see. Do not even admit what speed you were going at. Remember that the burden of proof in our system of democracy always lies squarely on the shoulders of the accusers.

Always remember that legally, the only way a police officer can search your car without a search warrant is if they have probable cause. That means that if you reek of alcohol or the car is smoking excessively the officer will not even ask for permission to search your car. You will already be well on the way of being charged for something much more serious than a simple speeding ticket.

If you say NO...
When you refuse and the officer threatens to get a search warrant, do not be rattled. Inform the good officer that they can go ahead and get the search warrant, but until then you are politely declining any search.

Your refusal of a search is not evidence of your guilt, as many people seem to think, it is your legal right and the officer will be well aware of this fact.

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