Should I let the cops search my car?

One of the questions I hear most as a criminal lawyer is: "[i]f I get pulled over, should I let the cops search my car?"

The realistic answer to this question is that it depends on the circumstances.  Although generally sound advice is a simple "no."  For other opinions, I decided to see what advice my fellow criminal law bloggers have given.  Below are excerpted answers to the question with a link to the full blog post.

Can I Search Your Car? by Robert Guest

First, cops will often try and trick you into granting permission to search your car. You should NEVER let the police search your vehicle.

Why? The cop might be crooked, and your friends might be drug users. If you are innocent never let the police search. Believe or not if the police find your cousin's half burnt joint in the back seat, they aren't going to let you go.

Also, look out for this typcial trick the cops use to get permission.

Cop- "You don't have any guns, meth, hand grenades, or dead bodies in your car do you?"
You- "No."
Cop- "Then you don't mind if I search your vehicle."
You- "Actually I do mind. Am I free to go now?"

See the trick. The cop is implying that only a person with something to hide would deny permission to search. He wants you to say "No, I don't mind" before you have a chance to think about it." In this case the correct answer is "Yes I do mind".

Cops rarely ask for permission to search in a straight forward manner. They often backdoor their search request because they don't care about informing you of your rights. They want to search.

Why You Should Never Consent To Any Police Search... by Jamie Spencer

Generalized consent to search a car in Texas apparently includes having to endure the officer choosing to move it to a different location to remove the gas tank...

Wow. First we have the court affirming that a “basic search” can include looking under the car, and lifting the carpet??? Does that make you want to say “go ahead and search my car?” You don’t have to be hiding dope to find that objectionable...

Is there any wonder that criminal defense lawyers advise folks to not submit to any search? No matter what the circumstances are? OK, do you have 90 minutes to waste while a cop tears your car apart?
 

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