The Police Want To Search You… (Should You Consent?)

What should you do if police want to search your car during a traffic stop? In this short informational video, U.S. Concealed Carry Association Director of Content Kevin Michalowski and criminal defense attorney Tom Grieve discuss Constitutional rights and police search and seizure. The main takeaway is to remain calm and respectful while raising your rights.

00:00 If you’re pulled over for a traffic stop and tell the officer you have a concealed carry permit and a weapon on your person, should you comply if he or she asks to search your vehicle?
00:40 Kevin sets the scene of a simple traffic stop and raises the question. What is Tom’s response as an attorney?
00:57 Be polite and respectful yet clear: “No. I do not consent to any searches.”
01:30 What would give police “reasonable suspicion” to search your vehicle without your consent?
03:07 If you do consent to a search it will be very difficult to have any evidence dismissed in court at a later date.
03:48 You have a Constitutional right that protects you against random search and seizure. We fought and won a war to secure that right.
04:19 All law enforcement officers took an oath to defend and uphold the Constitution, so they should understand that your right to deny unlawful search falls under that.
06:45 Officer safety exemptions introduce a gray area in vehicular search and seizure, but your rights are still your rights. That is why we have courts.
07:56 Even if you get out of the vehicle, make it clear (again, politely) that you do not consent to any searches.
08:45 You will do yourself a favor in the moment and down the road in court if you remain calm and respectful while raising your rights during any encounter with police. Do not swear at or threaten officers.
09:02 Never physically try to stop an officer from searching your property. Let the courts handle it.

#uscca #gunlaws #fourthamendment

-------------------------
[URGENT] Attention Gun Owners:
-------------------------
Want the same peace of mind enjoyed by hundreds of thousands of responsibly armed Americans like you?

[USCCAOfficial]

VOTE: Would you consent for the police to search your car in this scenario?

[davefuelling]

The answer to "Do you mind if I search your car?" Is "Yes, I do mind. I do not give permission for any searches."

[mostlypeacefulmisterputin]

Whenever a police officer asks for permission to search, politely refuse and clearly state “I am not consenting to any searches of myself or my vehicle…..most of the time the officer is going to say something like “well if you have nothing to hide, what are you worried about?” You ARE NOT required to give them an answer, but I’ve found that one response that tends to “disarm” them and get a laugh out of them is “sir/ma’am….I just started dating a really hot defense attorney and he/she is never going to let me get any if they find out that I consented to a search”

[Brees]

The question “Would you mind if I searched your vehicle?” is loaded. Generally speaking, you would say “no” to a request to search your car. When the question is phrased “would you…”, the answer “no” actual GRANTS them permission to search.

The proper answer is always “I do not give permission to search my car”. There is no ambiguity in that statement.

[surfingonmars]

As a former prosecutor AND defense atty, if you have a CCW and properly announce it, politely and safely, to the officer pulling you over, you can also politely and safely decline the search. I will add, it is an awkward position, but there is no reason to consent. Like pleading the 5th, there is no conclusion to be jumped to from the invocation of the right. To decline the search request means nothing except that you have declined.

[napalmstickylikeglue]

When I was a kid, a friend and I got pulled over in by the MSP. Claimed my tags were out of date for the excuse for the stop. However almost immediately they required us to exit my truck and proceeded to interrogate us for no reason. Then proceeded to ask me over and over if I would consent to my truck being searched and he told me that we weren't going to get let go until I consented. Being a stupid kid I didn't know any better and allowed him and his partner to search. The search yielded nothing and magically the tags on my truck came back valid after they were done going through everything.

I learned my lesson and never let them search anything or cooperate in any capacity that you aren't required to by law.

[TTony-tudm]

I was a cop for 30 years. NEVER CONSENT TO A SEARCH OF YOUR VEHICLE OR HOME.

[kingkong]

I spent 50 years in law enforcement and if you are stopped by the police, they do not have the right to search your vehicle without your consent or a search warrant issued by a judge with probable cause. If the officer ask if you have any weapons, I would say yes and show him my carry permit, but do not pull out the gun. There is no reason for the officer to ask to see the weapon, but they may ask where it is at and I would say it is on my person and they would tell you to keep your hands on the steering wheel for their safety. Never agree to a consensual search.

[meritholdingllc]

"That doesn't make them bad."
No, if a cop is asking permission to search your vehicle, with no probable cause, yes, that does make them bad. They have no reason to search or request a search unless they are indeed fishing for a crime. This makes them bad people, even if you think it makes them good cops.

[christopherwaldron]

As a 18 wheeler driver I would like to see yall do a series for us legally armed truck drivers to include this subject. The legality lines are a bit blurry on a lot of things especially when it comes to the anti gun states alot of drivers drive thru. I get great information out of these videos but would like to know more information when it comes to the commercial transportation aspect on a lot of the issues that yall cover for the non commercial drivers. Keep up the great videos and training.

[Datrebor]

Before listening to the video my answer would be a flat out NO. Never let them search you or your car, ever.

[tommorrison]

Great info. I keep my cars clean, but it could be possible there could be an empty ammo box or even a loose round...not at these prices today, but still. Thanks.

[denniskasza]

I have a friend who was going shooting one day with his guns and got pulled over he told the officer he had a ccw and was asked if he could be searched, he gave his consent was searched his vehicle was searched yielding his "arsenal" including a class 3 full auto with papers was placed in the back of the squad car in cuffs the officer was so proud of himself had all the guns on display. My friend an ex sheriff deputy for the neighboring county had him get the supervisor and got an apology for the situation but only after it was over. Not my only story about guns and police with this friend oddly enough.

[tc]

When he was in college, a coworker was driving from Milwaukee to Chicago and got pulled over. He consented to a search of his vehicle and the officer proceeded to take everything out of the car including the spare tire. There he was on the side of the road with all his stuff outside the car. It started to rain and the officer just said, "you're free to go", got in his cruiser and left.

[smokepeddler]

Never ever give consent. Even if you have nothing to hide.

[christophurbautista]

Your a good man Mr. Mcclusky. I’m not the biggest fan of police and I say this as an ex LASD Explorer, but when men like you take up the uniform, you honor it. Don’t get me wrong I’m always respectful when dealing with law enforcement officers because I understand their utility in rule of law and sustaining order, and also the practicality of my reasonable disposition in the interaction and in court; however, I know better than to think they are my friend or are in any individual’s best interest. There is too many cops that could give a rats a55 about the constitution, but the service you’re providing here is truly patriotic. So for what is worth coming from a stranger on the internet, thank you for fighting for my, yours, and our inherent, natural, and constitutionally protected rights. Merry Christmas.

[vicdiaz]

The only part of your personal story that I disagree with is when the cop saw the Ammunition and holster and yelled at you. he had no right regardless of suspicion because those items are inside your vehicle and not in a public space. You also pose no threat so there was no need for the cop to go 0 to 100

That’s like someone walking down the street concealed carrying and a tip of their grip is showing and a cop yells “hands up” just because he saw something that he is scared of. Interior of vehicles should be treated equally as the home version of Castle doctrine.

What if a person lived in a mobile home and They got pulled over how do you argue that one in court since it’s the persons home? Your home is your castle right?

[themightypen]

I got pulled over once and the police wanted to search me. I told them I did not consent and that I didn't think they had probable cause for a search. They actually listened and ended up not doing a search. Good thing too...

[livellfamilytrucking]

The biggest advice he should have given is the side of the road of the road is not a place to argue your case

[jameskent]

If they suspected you of having a weapon, removed you from the car and I assume searched your person and placed you in a squad. How can they claim officer safety to search the car that you are no longer in?