Dan Montalvo, Attorney At Law

           If the police are asking for your permission to search, you are under no obligation to consent.  The only reason they are asking is due to the fact that they do not have enough cause to search without your consent.  If you do consent you are waiving all of your rights provided to you under the Fourth Amendment.  You will give up your right to an unreasonable search and seizure, in your home, your car or on your person. 

           The protection against unreasonable searches and seizures that the Fourth Amendment provides to all citizens, in their homes, cars, and their persons, is an awesome one.  Most courts have recognized limited exceptions to warrant requirements for searches.  However, the courts do not dispense with the need to have a reasonable belief in the circumstances surrounding a search, i.e., they must be able to articulate "probable cause."  The Fourth Amendment is a serious constraint on police conduct.  Therefore, it is no small wonder that police prefer to conduct searches with the consent of the suspect.  The Supreme Court requires a valid consent to be freely and voluntarily given and without coercion or duress exerted by police officers in obtaining the consent.          

          A majority of avoidable police searches occur because citizens naively waive their Constitutional rights by consenting to warrantless searches.  As a general rule, if a person consents to a warrantless search, the search automatically becomes reasonable and legal.  Consequently, whatever an officer finds during such a search can be used AGAINST YOU!

          Don't expect an officer to tell you about your right not to consent.  Police are not required to inform you of your rights before asking you to consent to a search.  On the contrary, police officers are trained to use their authority to get people to consent and most people are predisposed to comply.  If, for any reason, you don't want an officer digging through your personal belongings, you can refuse to consent by saying for example, "Officer I know you want to do your job but i do not consent to any searches of my private property." 

You should never hesitate to assert your constitutional rights.  Just say no!  Never waive any of your rights without discussing the matter with an experienced criminal lawyer.