Should I Give Consent If Police Want to Search My Home or Car?

A police officer pulls you over and examines your license and registration. Then, the officer asks if he or she could look around your vehicle. In these situations, you may wonder what to do next. Do you consent for the officer to search your vehicle?

This is an unfortunately common scenario for many Washington residents—but you should not consent to a search unless the officer has a warrant. You have a constitutional right to protect yourself against unreasonable searches and seizures.

Understanding Your Fourth Amendment Rights

The Fourth Amendment of the United States Constitution states that people in the United States have a right to be “secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” If a law enforcement officer wants to search your home and vehicle, he or she must have a valid warrant.

The Fourth Amendment also goes on to state that search warrants should only be issued if there is probable cause to search that particular location. If an officer does not have a warrant and you consent to a search anyway, you waive these important protections.

When Can a Police Officer Search Your Home or Vehicle?

Generally, police officers have the authority to search a home or vehicle if they have a valid warrant. However, they could carry out a search without a warrant under the following circumstances:

• You gave the officer consent for a search.
• The officer reasonably believes that he or she must conduct a search to protect himself or herself.
• The officer has placed you under arrest and he or she searches your home or vehicle for evidence related to the arrest.
• The officer has probable cause to believe that there is evidence of a crime in your home or vehicle. Probable cause means that the officer has a reason to believe that a crime is being committed or has occurred.

What to Do If an Officer Asks to Search Your Home or Car

If an officer asks to search your home or car and does not present a warrant, you do not have to allow him or her to conduct the search. To protect your Fourth Amendment rights, decline the request or remain silent.

Remember, consenting to a search means that the officer can use any evidence that he or she finds against you in a criminal case. Do not allow the officer to conduct a search unless he or she has a warrant. You can request that the officer present the warrant if you are unsure if he or she has one.

If the officer begins to search your home or vehicle without your permission, continue to remain silent. Any evidence that the officer obtained without a warrant, probable cause, or your consent is illegal and cannot be used in a case against you.

Speak to a Washington Criminal Defense Attorney

While you are protected against unreasonable searches and seizures, not all police officers respect these constitutional rights. If an officer searched your home or vehicle without your consent or a warrant, speak to a Washington criminal defense attorney as soon as possible.

Your attorney can defend you against any charges that are being filed against you and request that the court drop any case based on illegally obtained evidence. Speak to a defense lawyer as soon as possible to discuss your next steps.