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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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