• Call Today For Free Consultation
  • 713-864-3700

Do you have to give police your Consent to Search?

Posted on June 11th, 2016

Do you have to give police your Consent to Search?


No.

The Fourth Amendment to the United States Constitution protects citizens from “unreasonable searches and seizures.” And, any search conducted without a warrant is “presumptively unreasonable.” In other words, any search conducted without a warrant is presumptively unconstitutional.

Still, warrantless searches and seizures happen every day in Houston, Texas. How can that be possible?

Consent.

The most important thing to understand is that “consent” is an exception to the Fourth Amendment’s warrant requirement. So, if law enforcement asks if they can have a look-see, and you say yes, it’s pretty unlikely we’ll be able to contest what they found as a result of that search. You can give your consent if you choose. But, you DO NOT have to.

Do not consent because you want to seem cooperative. Do not consent because you believe they will search you or your car or your house whether you agree to it or not. Do not consent out of fear. Do not consent out of respect for the law. Do not fall for the “Do you have something to hide,” nonsense.

Just say no.

Refusing consent is not unpatriotic. It is not illegal. It is not un-American. Indeed, refusing consent is the height of Americanism.

Fun fact: the conflict that led to the American Revolution involved this very issue. England was in the habit of issuing documents called “Writs of Assistance” that amounted to “general warrants.” What that meant is that a representative of the Crown could barge into your house without any reason to suspect you were involved in criminal activity to poke around and harass you. Americans in the Colonies felt that was gross invasion of privacy.

It is.

The right of citizens to be secure in their person and property is what impelled John Adams to pen what became the Fourth Amendment.

If law enforcement believes you are involved in illegal activity and they want to search you or your car or your house to find out, make them do it the old fashioned way. If you do not consent to the search then law enforcement will be obligated to investigate their suspicions and demonstrate that they have probable cause to believe you are in fact involved in illegal activity.

You cannot and should not fight the police. But, that doesn’t mean you have to give them your consent.


Share this Article