Just Say No -----

Ever since the days of the Reagan administration, the call word when it comes to drugs is to "just say no to drugs." A friend of mine (another criminal defense attorney), a while back, twisted this around a bit and sported a bumper sticker that read "just say no to searches." In my criminal defense practice, I way too often find that my clients have consented to a search of their vehicle or their person. When I inquire why, I find most thought they had to consent if asked to do so. Such is not the case. The 4th Amendment to the U.S. Constitution forbids unreasonable searches and seizures. In most cases, before the police are allowed to search a vehicle (without consent) is if they have probable cause to believe that a crime has been committed and that some evidence of that crime will be found. There are some exceptions, however. The police do not have to have probable cause or even a suspicion of criminal activity in order to approach a citizen. In doing so, they have the right to pat the person down for weapons simply for their safety. However, if they find a weapon, of course, this might lead to an arrest and may open the door for a search incident to arrest or an inventory of the impounded vehicle wherein evidence of additional crimes may be found. This is not to be a primer on search and seizure law -- as I could hardly cover the entire of the volumes of case law dealing with the 4th Amendment -- it is simply to make three points: First, as a citizen, I urge all to follow the laws of the United States and all other jurisdictions; Secondly, I want to advise you to still "just say no to drugs"; and lastly, as a criminal defense attorney, I would like to advise all people to always tell the police to get a warrant. Consenting to searches is not required and often may defeat the efforts of a defense attorney to protect your rights.