A chief deputy sheriff told me, "We rely on people's ignorance
to get their consent." Most folks don't know they have a
constitutional right to refuse a police search request...and a lot of
others are afraid to say no.
For the past year, police agencies across Texas have stepped up what
they call "consent" searches of vehicles on our highways. The
unprecedented numbers of searches are mainly the push of the state's 47
federally funded Drug Task Force(s) with a major assist from the Texas
Highway Patrol and local officers. An officer will stop a traveler on
some pretext such as a seat belt or speeding violation, or as has been
documented in many cases — no valid reason at all, get the driver out of
the vehicle, ask, "Do you have any guns or drugs in your car?"
And when the traveler answers in the negative, the officer says,
"Then you don't mind if I look in the trunk, do you?" The
officer is standing there in his mirrored sunshades, black Task Force
uniform, pistol on his hip, and the traveler has nothing but a limp ego.
Most people feel intimidated by this kind of pressure. They don't
know their rights, believe they will be searched even if they do refuse,
and give up. Police officers are not required by law to inform the
traveler that he or she has an absolute constitutional right to refuse a
search request, that a refusal cannot be used in any way to imply
probable cause of criminal activity or that they will be free to leave if
they do refuse.
A chief deputy sheriff told me, "We rely on people's ignorance
to get their consent." An old DPS trooper friend tells his family
and friends to say to these black-shirted and black-booted "storm
troopers" (task force officers) the following: "Officer, I
don't have anything to hide, but I don't want you pawing through my
stuff." Sometimes a refusal will bring threats to get a warrant or a
drug dog, but if the officer really had probable cause to search, he
wouldn't be "asking" for a search; he would be
"telling" you.
However, my data indicates that a firm and consistent "no"
will work most of the time, regardless of their threats. An officer
stopped my daughter for speeding and wanted to search her pickup,
although there was no evidence she was carrying contraband. She told him
she was late to meet her vet — that was why she was speeding and that she
didn't have time for a search. The officer threatened to go to the JP for
a warrant.
When she heard the magic word "warrant", she thought she
didn't have any choice. What she said was, "Officer, my father is a
lawyer, and he told me that if I ever gave consent for a search, he would
kick my butt. I'm sorry; I can't do it." The officer angrily said,
"Take your ticket and get out of here." Her quick answer saved
her a lot of unnecessary humiliation, and is recommended for three
reasons: