People frequently give up their right to resist an officer’s desire to search their vehicle and/or person. Some law enforcement officers welcome the lack of resistance to their creative and often questionable practice of getting people to "let" them (police) conduct searches where the law otherwise would keep them from doing so.
Often the scenario involves someone driving down the street whom the police suddenly take an interest in –and not always a proper one. The officer flashes his blue lights and force the startled driver to pull over. However, in order for the stop to be lawful, the police must have a, well, lawful reason. Weaving inside the lanes, changing lanes suddenly, or failing to wear seatbelts are lawful reasons to stop drivers, if in fact true. Otherwise, it is pretexual (not true).
Here is a possible scenario: Officer I. Want Action steps out of his patrol car and swaggers up to yours. It’s praying time. He tells you that he witnessed you weave in and out of your lane and he also noticed you failed to signal your intent to turn. You don’t recall any of this having occurred. But you conclude, "Oh well, he has a badge and gun, what’s one to do?" But, while he calmly chews you out, it does not appear he will write you a ticket. He actually walks away as if leaving for more important business. Naturally, you relax, lower your guard and with new faith and confidence, walk back toward your own car.
Then, the officer suddenly comes back and starts to talk to you some more. He says he is going to let you off with only a warning, but that you really should be more careful. You smile — free at last— but then this: " You don’t have any drugs or weapons of mass destruction, do you?" Puzzled, you say, "who, me? Of course not, officer." "Well, I didn’t think you did," he says, "still, you don’t mind if I look around a little, do you?" Yeah, you mind, but you say, "no, not at all, officer." You watch in horror as he rearranges your car interior.
And you mind even more when he finds marijuana that you say surely does not belong to you. Unfortunately, you are the only person in the car at the time of the stop, and you have no other explanation for the finding. In desperation, you plead, "I don’t know how that got there! My cousin, Knucklehead, took my car last night without my permission. He has a record, you know. Me? No, sir, I don’t use drugs. Well, I mean, I have a record too, for drugs, but I stopped doing that kind of thing. No, really." Finally, you recall that you have a right against self-incrimination and so you ask, "Do I have a right to a lawyer to speak for me?" And he says, "And I thought you’d never ask."
By all means, drive safely and obey our laws. But if you are stopped for any alleged traffic or other offense, you do not have to consent to a search of your person or property. With few exceptions, it is otherwise unlawful for law enforcement officers to search your person or property. Do not make any self-incriminating statements. They will be used against you in a court of law. Finally, you do have a right to a lawyer. Just ask. And sooner rather than later.
