Searches Without Consent
Description
How to fill out Consent Form For Substance Searches Of Vehicles And Personal Effects And For Testing Of Employees?
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FAQ
Police may perform a warrantless search if they have the subject's consent, but their search cannot extend beyond the provided consent. This consent must be voluntary. Officers cannot coerce or trick anyone into giving consent for a search.
There are two requirements for a consent search to be valid. First, the consent must be voluntarily given. Both ?the Fourth and Fourteenth Amendments require that a consent not be coerced, by explicit or implicit means, by implied threat or covert force.?
"I do not consent to a warrantless search." When you say "no" to a request by a police officer, you are asserting your lawful rights as a private citizen. If the officer demands you comply, then in most cases you have little choice or you will face a resisting arrest charge.
If the police say they have a search warrant, ask to see it. If they don't, say ?I do not consent to this search.? Police cannot arrest or ticket you simply for refusing to consent to a search. This may not stop the search from happening, but it will protect your rights if you have to go to court.
If police ask to search or take a look at your person or belongings, you don't have to consent and you should say ?I don't consent to this search.? Note that even if you refuse to consent, officers may still have authority to search you (see next section). If you are arrested, ask to speak with a lawyer.
