Some clients come to our office and ask whether or not they have to consent to the request to a search of their person, their vehicle or their home by law enforcement. You do not have to consent to the search of your person, your vehicle, or your home by law enforcement. The Constitution of the United States, specifically the Fourth Amendment, prescribes that the law enforcement is prevented from conducting any unreasonable searches or seizures. However, if you do choose to not consent to a search you should do so out loud. You may have to say that repeatedly if the police officers or the law enforcement chooses to search your vehicle, your home, or your person anyway.
There are several things you should not do. First, don’t resist. Comply with their orders. Second, don’t obstruct what they’re doing, that is in itself a crime. Third, if you choose to fight back against the police in this capacity, do it in the court of law, do it with a competent attorney. Do not do it at the scene because fighting back at the scene will not benefit you. However, you can fight back in the court of law.
If you have questions about search and seizure, contact our firm today.