Generally, police need a search warrant to search your car or home. When it comes to your car police may only need probable cause in order to search. Probable Cause means that the officer must have certain trustworthy facts to believe that a crime has been committed, or evidence will be found inside your vehicle.

Minor traffic violations do not always give the officer probable cause to search your vehicle (e.g. speeding, broken tail light, etc..). Do not be tricked or intimidated by the officer. For the most part if he is asking for consent to search your property then he does not have probable cause.

You always have the right to say “NO” to the officer’s request to search your home or car. Be calm and courteous to the officer, but say something like “officer I understand that you are doing your job, but I do not consent to the search.” Refusal to consent to a search is not a crime, and is not evidence of a crime. It is your right under the 4th Amendment.

If police have probable cause or a search warrant they will not need your consent to search, and most likely will not be asking. Protect your rights and do not consent to unwarranted searches.