If you’re pulled over don’t try to figure out whether or not the officers has probable cause to legally search you. You always have the right to refuse searches. “I don’t consent to searches”
But they’re gonna search us anyway? Sometimes they will but saying no isn’t just about stopping the search – it might stop the search or it might not. The point is that refusing the search can help you later if you end up in court. If the police search you without consent your lawyer can challenge that, and as your attorney I’d be much more likely to win your case if you said no to the search.
You mentioned Probable cause, what does that mean?
Probable Cause means police must have clear facts or evidence to believe you’re involved in criminal activity, in other words an officer’s hunch without evidence of illegal activity is not enough to search or arrest you but it doesn’t take much. Most avoidable police search have happened not because police have probable cause they happened because people are tricked or intimidated into consenting. Courts are eager to uphold police searches so something suspicious about you or your car could be considered probable cause.
Attorney Don Pumphrey, Jr. is a former prosecutor, former law enforcement officer, and a successful and experienced criminal defense attorney. Don has achieved over 100 not guilty verdicts at trial and over 2,000 dismissals.
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