Why It’s So Important To Not Let Cops Search Your Car

Talk to any criminal attorney and they’ll tell you the same thing – never consent to the search of your vehicle – ever. Usually they don’t tell you why. Today I’m going to try to do that a little bit.

We all know what the Constitution is, but few citizens actually recognize the power of that document and how to properly wield that power at the right time. In fact, many citizens waive their rights under the Constitution, which is exactly what the cops want. If you say “okay, you can search the car,” that gives them free reign to pretty much do whatever they want.

What the Constitution provides is your protection from illegal searches. Stated plainly, this means if the cops want to search you, they have to have a good reason. And even more than that, they have to have a legally valid reason (for example, a “hunch” doesn’t work). Often the cops have no reason to search your car, but they ask anyway. And when you say yes, you open the door to a lot of trouble.

I’m a Seattle criminal lawyer, and the laws here are a little more slanted to helping the individual, as opposed to helping the police, which means the cops have have an even better reason for searching your car. Let me give you an example.

In a case recently decided called State v. Adams, Adams was pulled over and arrested because he had an outstanding warrant. When he was pulled over he got out of the car and was arrested. After being arrested, the cops went through his car and found some crack. He was charged with possession of crack too. Adams argued that the evidence should be suppressed because the search was illegal. The cops said they searched incident to the arrest, and if that doesn’t work, we search “in good faith,” and therefore the evidence should come in.

Sorry coppers, you lose.

The court said three things regarding this case. First, they said the search was without a warrant, which makes it illegal unless an exception exists. Second, since there was no consent, another exception had to exist. They analyzed the facts according to search incident to arrest and found it didn’t apply for two reasons; first, the cops weren’t in danger from Adams because he was cuffed and in the back seat of the cop car when they searched his car; and second, there was no possibility any evidence was in the car related to his arrest (an outstanding warrant). And third, even though the cops thought they were doing the right thing (the law changed shortly after this occurred) there is no good faith exception to the warrant requirement – if you violate someone’s Constitutional rights, that evidence is out. Period.

Bottom line here? If Adams would have consented to the search, he would have never had an opportunity to challenge the legality of the search. The evidence would have come in, and he would have gone to jail for possession of crack.

It’s easy for me, a criminal lawyer, to sit here and tell you what to do when you’re out in the real world. But it’s imperative that you know your rights and exercise them when you get a chance. And remember, if you’re ever confused about what to do, don’t guess. You have the right to talk to a criminal defense attorney before making any decisions. Make that call (if you tell the cops, they have to put you in touch with someone).

Seattle criminal lawyers, and criminal lawyers everywhere, are a lot like your big brother on the playground. When the bully (the cops) comes up and starts messing with you, we’re there to not only stop the fight, but to get them to back off permanently. Trust me when I say there’s nothing a cop hates more than someone they want to arrest demanding to speak to a lawyer.