[VIDEO] If You Consent, The Police Can Search!
If you consent to the search by the police we cannot challenge the search. We can’t argue that the police didn’t have a legal reason to search because you gave them permission. Contact me today to see how I can help in your case.
Video Transcription
If you consent, the police can search. Hi I’m Andrew Flusche. I’m you Virginia traffic and misdemeanor attorney. I deal with this issue it seems like almost every day where someone contacts me after being charged with possession of marijuana for example. They were pulled over. The police said, “Hey do you have anything illegal in your car. Do you mind if I search?” and the person agrees. If you consent to the search by the police we cannot challenge the search. We can’t argue that the police didn’t have a legal reason to search because you gave them permission.
If you don’t give the police permission to search, then it’s up to the Commonwealth to establish that it was a legal search, that they had probable cause to execute a search of that vehicle. Now in some cases the police may have probable cause and it may not matter what you say in the grand scheme. They may be able to prove easily that they had every reason in the world to search and it may be a legitimate search but you’re not an attorney and even if you are it’s hard to think about the whole case neutrally from the judge’s perspective on the side of the road.
Even if I was pulled over and asked, “Can I search your vehicle?” It would be hard for me to think about, “Do the police have probable cause to search?” Now I don’t carry around illegal things in my car but it’s still a difficult thing for you to determine sitting there on the side of the road. “Is this a case where I should consent or not? Do I have anything illegal in my car? Do I have something they might think is illegal that they might not want to see?” Also, you don’t know what information they have. You don’t know if someone called you in for example, and told the police something.
You don’t know what they may have seen when they’re approaching your car and shining their light in the backseat of your vehicle. All of these are reasons why when you’re pulled over if you’re asked by the police to search your vehicle or search your person or your backpack, simply say, “No.” You don’t have to be very rude about it. In fact, you should be very polite about it but if you consent they can search. The best policy is to say, “No” to searches.
