Today's issue addresses one of those things no one ever told you. The police can, may and will lie to you. They can tell you they have evidence when they don't, can tell you they will take your kids to Social Services if you don't let them search your house though that isn't true, tell you they are going to let you go if you confess/hand over the drugs/etc. when they have every intention of arresting you if they can, and yell and tell you they are going to search your car anyway, get a search warrant they may or may not be able to get or take you to jail for refusing to let them search, to name a few examples I have seen in my practice.
I have also read police reports that say a defendant consented to a search when my client denies consenting to anything. In my experience, the judge will believe the cop word for word, every time. I have yet to have anyone come in with a recording of themselves firmly, clearly refusing consent to search, and would like to see what could be done with one. I am not saying a lot of police deliberately lie on their reports, though there are bad apples in every bunch. But if you do not make your refusal crystal clear, it may not be enough for an officer or the court.
Why is all this even an issue? Usually, there is an officer wanting to do a search involved, and they can't just search you at will. The 4th amendment protects you against unreasonable searches and seizures. I could spend the rest of my life on all the law about what is 'reasonable', but here are the basics. Law enforcement needs specific things showing a crime is probably being committed, or 'probable cause', to search you or your property. However, if you give consent, confess or hand over evidence, then that's the end of it. You've waived that entire set of protections, and everything found and said comes in against you, period. This is why police lie to you. So you'll make your own case against you. Lots easier than applying for a search warrant, or defending their search, right?
It is certainly true that being polite and cooperative with police is in your best interest, and the vast majority of them really do deserve to be treated with respect anyway. Their jobs are hard enough without you getting snippy. However, you do not need to do those jobs for them, particularly at your own expense. Be polite and cooperative by saying ma'am and sir, excuse me, and being calm, firm and polite when you say no, you do not want him or her to search. Continue to be respectful no matter how much flak they give you. And remember, if you are put under pressure, that if that officer had enough probable cause to search, they would be doing it already, not pressuring you.
