It is generally common knowledge that everyone who is ever stopped by a police officer has the legal right to refuse to be searched by that officer. However, millions of people nevertheless agree to have their automobiles and homes searched by police every year. The reasons for someone to give consent for a police officer to search their home or car vary, from reasons such as “I have nothing to hide”, to “I was afraid”. The fact is that during a traffic stop, or when a police officer approaches your door, you may wish to deny the officer entry to your automobile or home, whether or not you have something to hide. Here are some tips which will help you successfully deny an officer the opportunity to search your property:
Be polite. One of the most important factors to remember is that, even though you have the right to refuse a search, the police still have a position of power and authority in society. When an officer is asking you to allow him or her to search your personal property the last thing you need is to arouse further suspension by being rude or confrontational. Hence, be polite.
Be insistent. Another important tip to successfully refusing a police search is to insist upon exercising your right of refusal. Remember: police are trained to search for contraband such as illegal weapons and drugs. The officer asking to search your property may insist that you allow him or her to do so. Though it may require significant nerve on your part, you must remain steadfast in your refusal of the search.
Give a good reason. When refusing to allow the officer to search your property always give a valid reason for your refusal. This may seem more difficult than it actually is. You could say “I wish to exercise my constitutional rights and refuse your request to search my property”. Providing a valid reason for the refusal of a police search can go a long way towards defusing the situation and allowing you to get on your way.
