The 4th Amendment of the Constitution says: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
This means that you don't have to consent to you, your car, or your house being searched. On the other hand, the police DO NOT have to tell you that you have the right to refuse. So when you are stopped for speeding or whatever and they ask you if it would be OK if they could search your car because a car just like yours was seen leaving a convenience store robbery for example, you could ask them "Do I have to?" And they have to honestly say no. Or you could just say , "No, thank you" and if the officer rests his hand on his gun and seems to be intimating that if you don't things could go worse for you, he could be guilty of both civil and criminal transgressions.
Maybe you have nothing to hide, but what if the valet that parked your car last night at the restaurant left his "stash" in your center console? OR your kid's friend dropped an OxyContin on the floor when they borrowed your car to go the game and you don't have a prescription for that drug? As Laura Bush said during the war on drugs..."JUST SAY NO."
No comments:
Post a Comment