Helping Clients Protect Their Future and Their Liberty

What happens if you refuse to let police search your vehicle?

On Behalf of | Jan 11, 2023 | Search & Seizure

Drivers who get pulled over by the police will often do whatever the officers asked of them. They don’t want to seem unnecessarily difficult and hope that their cooperation with the officer who stopped them will lead to a better outcome.

Unfortunately, many people learn the hard way that letting the police search their vehicle can be a life-altering mistake. Police officers could potentially find something left by one of your passengers or even the previous owner of the vehicle that they believe gives them grounds to arrest you.

Technically, you may be in a position to decline the officer’s request to search your vehicle. What happens if you say no when an officer asks to search your vehicle during a traffic stop?

They may allow you to go on your way

In some cases, the officer that stopped you might question you about your refusal or try to pressure you into compliance. However, if you are polite but firm in your refusal, they may eventually let simply tell you that you can go on your way. The Fourth Amendment protects your right to refuse searches, meaning the officer can’t retaliate against you just for refusing their request.

They may search your vehicle anyway

If the officer truly suspects criminal activity, they need legal justification for a search or anything they find won’t hold up in court. They may let you leave only to go to a judge to ask for a warrant. They may eventually use that search warrant as a means to go through your vehicle.

If the officer has probable cause to suspect criminal activity, they can use that suspicion as grounds to search your vehicle without your consent or arrest you and search the vehicle after impounding it. However, probable cause means that they need to have a specific suspicion about some kind of criminal activity.

Officers often ask for permission specifically because they do not have the probable cause required to search the vehicle without your consent. Simply saying no can be enough in many cases to protect you from an invasive search and its unpredictable potential consequences.

When you know and make use of your rights during an encounter with law enforcement, you will have a better chance of avoiding arrest or allegations of criminal activity.