TRANSPERSONAL BOUNDARIES: HOW TO PREVENT UNWARRANTED POLICE SEARCHES OF YOUR CAR

According to the American Civil Liberties Union, unwarranted police searches are on the rise, and it’s important that all of us help the police know proper boundaries. It is your civic duty to do so, and that requires that you yourself know your Constitutional Rights. If you are pulled over while driving, understand that the police cannot search your vehicle without a search warrant or probable cause such as a visible open container of alcohol. In the U.S. we are protected from warrantless searches by Article 4 of the Bill of Rights in the U. S. Constitution.

Beware of trick double questions such as, “You don’t have anything to hide do you? You don’t mind if I take a look in your car?” If you say “No” do you mean “No, I don’t have anything to hide” or “No, I don’t mind if you search my car” ? Be polite but clear about answering the second question only: —No officer, I do not give my consent to search my car.” You don’t have to give a reason why, it’s your right to withhold consent. If the officer asks you to step out of your car, make sure you roll the windows up first and lock the car doors immediately after you step out.

If you are questioned as to why you locked the doors, say because you always lock your doors when you step out, and because you want to be very clear that you are not giving consent for a warrantless search of your vehicle. Know also that you have a right to ask for police officers’ business cards; they are required by law to carry them and give them to you upon request. Officers are more likely to be mindful of the letter of the law if they know that you know who they are. Remember, a traffic violation is not a reason to search your car. If you are detained without probable cause and without a warrant, you may say, “Officer, do you have a warrant for my arrest?” If the officer says “No,” you may say, “Then I am free to go.” Be courteous and never physically resist a police officer or run away, but know your rights. Take care of yourself, so the police don’t have to. For more detailed information, see the on-line video BUSTED sponsored by the ACLU.

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