What if the police want to search my car?

Traffic stops made by police can sometimes turn into something more serious by the officer asking a simple question, “Do you mind if I search your car?” It amazes me the number of times that people will agree to a search knowing that they have something illegal in the car. I believe that most people don’t know that they can refuse a request to search or they believe that if they say no, the officer will search anyway. For an officer to search your car without your consent, the officer needs a legal reason to search. Did the officer see something that he knows is illegal; did the officer smell marijuana; is the search a result of someone in the car being arrested; did a police dog “alert” to the presence of drugs in the car?

What should you do if an officer asks to search your car? In all police encounters, Fort Lauderdale Criminal Attorney advises people do the following:

1. ALWAYS BE POLITE - the right attitude can often make the difference. 

2. If asked by an officer if they can search you or your car – POLITELY refuse. “Thank you, but no. I’d like to leave now. Is that ok?”

3. Don’t answer any questions or volunteer any information without speaking to a Fort LauderdaleCriminal Attorney.

4. Remain silent EVERYWHERE – recording equipment is rampant – even in the back of a police car.

Even if you remain silent, are polite, and refuse to consent to a search, you may still find yourself under arrest. If they have probable cause, the police will arrest you without your statement and without a search of your person or your car. You are not under an obligation to help them.

If you, or someone that you know, have been arrested for something found in your car, contact Fort Lauderdale Criminal Defense Attorney Gary Cole.




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