Refusing a Search Doesn't Mean You're Guilty

People who’ve had bad experiences with police have sometimes responded negatively to our materials, arguing that police will simply take things to the next level if you refuse a search. Here’s an interesting example from Florida, in which police were forced to drop the charges after wrongfully arresting a suspect who refused a search:
Pensacola City Council candidate Jeffrey A. Humbles will not be prosecuted in connection with resisting a law enforcement officer, the State Attorney's Office said.

The decision was made Wednesday after investigators with the State Attorney's Office finished reviewing his case.

A Sheriff's Office report regarding the incident said a K-9 unit alerted on Humbles' vehicle, indicating the possible presence of narcotics. The dog's action gave deputies probable cause for a search, Escambia sheriff's spokesman Glenn Austin said.

After Humbles refused multiple times to give deputies keys to his locked vehicle, he was arrested on a charge of resisting a law enforcement officer without violence.

Once in custody, Humbles gave his keys to deputies, who opened the locked vehicle and searched it. No narcotics were found, the sheriff's report said.

Humbles said deputies violated his civil rights by searching his locked vehicle. "The Constitution is there to protect everyone, and it works," he said. "Those words have value and meaning, and we need to keep them alive to protect our rights.

"We have the right to privacy and the right against illegal searches and seizes. And that makes us America. That's what make this country great." [Pensacola News Journal]
We couldn’t agree more. In this case, Humbles could probably have avoided some hassle by simply letting police have their way. Instead, he stood up for his rights and was vindicated in the end. Even though he had nothing to hide, he understood the importance of asserting his rights. After all, it’s always possible that a careless friend left something in the car. You can never be 100% sure, even if you never break the law.

Now he has a solid wrongful arrest lawsuit, if he chooses to pursue it. And, at the very least, he taught the police that even law-abiding citizens like himself are willing to stand up for their rights.

Sadly, the very first story y

Sadly, the very first story you read on this site tells you that "flexing your rights" will not actually do SHIT. The guy wouldn't let police search his car and he got arrested. No charges were filed because AFTER SEARCHING HIS CAR they didn't find any narcotics.

-So if you're innocent, you'll get arrested instead of hassled and let go.
-If you actually have drugs, you'll get arrested and charged for everything you already would have and you'll get slapped with resisting arrest.

Yeah, bro... "that's what makes this country great" LOL

Give us a break

No charges were filed because the arrest was invalid. If drugs had been discovered in a search following a wrongful arrest, Humbles's attorney would have a lot to work with. There's no guarantee, of course, but asserting your rights is more likely to protect you than simply giving in every time. Check out our success stories page for proof of that. Or talk to any defense attorney.

If Humbles doesn't win a settlement for wrongful arrest, he at least taught the police that innocent people refuse searches too.

I can't count how many people we've met who got screwed precisely because they waived their rights, and not because they asserted them. So while I understand your pessimism, it certainly isn't going to help anybody.

I always refuse searches, a

I always refuse searches, and no matter how hard the officer threatens me I refuse to back down. They turn all different shades of red and purple while I "flex my rights". I find great fun in watching them get pissed off to no end.

Just becuase they wear a uniform does not make tham a better person than you or I. If you do not use your rights, they will wither & die.

Drug Stop

I have a question for you. I just came back from a Snowboarding trip in Denver and New Year's celebration and on the way back me and 2 friends were stopped near Santa Fe, NM. The officer asked me to step out of the car asked me where I was coming from and the names of those with me in the car. Then he asked my friends the same questions. He came back and gave me a warning for being on the left lane (lame excuse since I had just passed a car) and said I was free to go. As I turned around, he said: Oscar one more thing, any chance you're transporting drugs. No sir. Marijuana? No sir. Cocain. No sir. Any weapons? No sir. Then you wouldn't mind if I take a look at your car (it was a white suburban rental). At this point I remembered about some of Civil Rights articles I read and wanted to say no but in the most polite way. So I pulled the warning out of my pocket and asked him: This was the reason for the stop, correct? He responded: that's correct. After you handed me the ticket and told me 'you are free to go' the traffick stop is complete, correct? He responded: That's correct Oscar (by my first name, nice!) Last question I asked him: So that means I have the right to refuse, is that correct Paul (I returned the favor)? He responded, yes that's correct Oscar. And I said: In that case, have a nice day, I'll be on my way. and I turned around... As I turned around, he said hold on a minute I'll call a K9 unit very quickly. it shouldn't take more than 5 mins. I stayed quite after that because he seemed upset. The K9 arrived like 10 minutes later and the officer asked my friends to step out of the car and me to join them like 10 feet away from the car's right front side. The K9 unit went around the suburban twice and nothing. Then the K9 officer called the guy who stopped me to the rear left side of the suburban and they chit chat for like 1 or 2 minutes. After that the K9 officer went around the suburban with the dog again and on that same spot (away from us since we were on the right front side and they on the left rear) they made the dog act "suspiciously"(yes, they actually made the dog do it). Then the guy who stopped me came to me and said: The dog is showing sings that are consistent with blah blah blah (I can't remember exactly what he said since I started laughing) And he continued... so are you going to be honest with me know Oscar? I responded: Honest about what??? Are you kidding me??? So he responded: well we have probable cause to search the vehicle. To what I responded: Do what you have to do if you belive you have the right to. Me and me 2 friends waited there and they took everything off the truck. They poped the hood open... searched under the truck... our bags... our snowboard bags... the gas tank... etc... etc.... a while later and seemingly frustrated they started putting all our stuff back in the suburban and I yelled: make sure you put everything back as it was!! Me and my friends took a picture while they were doing that. They finished gave us the keys back and said: you are free to go now... I responded... Have a nice day Paul and smiled! :) Now my question is: what can I do about this? This was harassment, discrimination and a a violation of our civil rights... Or I believe! Either way, I'm not gonna lie... I love cops a hard time. Specially when I'm not guilty of anything. I'm mexican with Master Degree and by now I'm pretty much used to being stop, harassed and pulled over every time they please. I've learned to deal with them politely but at the same time how to give them a hard time... I love the look on their face when they realize they are not dealing with an ordinary citizen who's afraid of exercising his civil right and tell it to their faces. I've done it many times before... but now I honestly want to teach this guy a lesson. What can I do? Can I sue for civil rights violation??? How do I start??

Are you for real!?!

I am a public defender. I have lost count of the number of times I have read a Probable Cause Affidavit excited that I have what is shaping up to be a really great suppression issue. Then, I get to the end and read "The suspect consented to a search of his person and vehicle..." followed by the discovery of an illegal drug.

There are no guarantees in life and there are no guarantees in the legal system. BUT when you are driving into the back of the car in front of you, you don't step on the gas! Consenting to a search is legally "stepping on the gas".

Jeff Humbles didn't step on the gas!

Drug Stop

I have a question for you. I just came back from a Snowboarding trip in Denver and New Year's celebration and on the way back me and 2 friends were stopped near Santa Fe, NM. The officer asked me to step out of the car asked me where I was coming from and the names of those with me in the car. Then he asked my friends the same questions. He came back and gave me a warning for being on the left lane (lame excuse since I had just passed a car) and said I was free to go. As I turned around, he said: Oscar one more thing, any chance you're transporting drugs. No sir. Marijuana? No sir. Cocain. No sir. Any weapons? No sir. Then you wouldn't mind if I take a look at your car (it was a white suburban rental). At this point I remembered about some of Civil Rights articles I read and wanted to say no but in the most polite way. So I pulled the warning out of my pocket and asked him: This was the reason for the stop, correct? He responded: that's correct. After you handed me the ticket and told me 'you are free to go' the traffick stop is complete, correct? He responded: That's correct Oscar (by my first name, nice!) Last question I asked him: So that means I have the right to refuse, is that correct Paul (I returned the favor)? He responded, yes that's correct Oscar. And I said: In that case, have a nice day, I'll be on my way. and I turned around... As I turned around, he said hold on a minute I'll call a K9 unit very quickly. it shouldn't take more than 5 mins. I stayed quite after that because he seemed upset. The K9 arrived like 10 minutes later and the officer asked my friends to step out of the car and me to join them like 10 feet away from the car's right front side. The K9 unit went around the suburban twice and nothing. Then the K9 officer called the guy who stopped me to the rear left side of the suburban and they chit chat for like 1 or 2 minutes. After that the K9 officer went around the suburban with the dog again and on that same spot (away from us since we were on the right front side and they on the left rear) they made the dog act "suspiciously"(yes, they actually made the dog do it). Then the guy who stopped me came to me and said: The dog is showing sings that are consistent with blah blah blah (I can't remember exactly what he said since I started laughing) And he continued... so are you going to be honest with me know Oscar? I responded: Honest about what??? Are you kidding me??? So he responded: well we have probable cause to search the vehicle. To what I responded: Do what you have to do if you belive you have the right to. Me and me 2 friends waited there and they took everything off the truck. They poped the hood open... searched under the truck... our bags... our snowboard bags... the gas tank... etc... etc.... a while later and seemingly frustrated they started putting all our stuff back in the suburban and I yelled: make sure you put everything back as it was!! Me and my friends took a picture while they were doing that. They finished gave us the keys back and said: you are free to go now... I responded... Have a nice day Paul and smiled! :) Now my question is: what can I do about this? This was harassment, discrimination and a a violation of our civil rights... Or I believe! Either way, I'm not gonna lie... I love cops a hard time. Specially when I'm not guilty of anything. I'm mexican with Master Degree and by now I'm pretty much used to being stop, harassed and pulled over every time they please. I've learned to deal with them politely but at the same time how to give them a hard time... I love the look on their face when they realize they are not dealing with an ordinary citizen who's afraid of exercising his civil right and tell it to their faces. I've done it many times before... but now I honestly want to teach this guy a lesson. What can I do? Can I sue for civil rights violation??? How do I start??

your rights are the same everywhere....

but where you are is what determines how they are handled when dealing with the police... I have tried to become an officer in the town I currently live in twice, both times I ended up embarrassing one of the administering officers (not intentionally) since then I have been pulled over more times than I can count, pulled out of my vehicle, had my car searched (with and without consent) and most recently had my license to operate suspended for not complying with the officer's requests.

Now I have since filed suit with the PD, and I am also moving to a different state to get away from these corrupt officers, but I'll tell you this much for certain. How you speak to the officer, and knowing your rights WILL make a difference in going home or going to lock up. I have luckily managed to stay out of the cruisers thus far, and I hope in my remaining month that I do not end up in one, but I can support that the things I have read on this site are not only accurate and sensible, but immensely helpful as long as you can control your emotions fully when dealing with ANY type of officer.

I don't think they would search a well behaving person, suspecio

Yes, its true but they will keep insisting politely till you let them, but if you are not guilty, don't let them!

People With Nothing To Hide Need Protection Too

The advice on the site is very good, and I also want to add the comment that the advice helps people like myself who also "don't have anything to hide".
When I was younger a police officer pulled me over because she saw me put what she though was a mint into my mouth to cover up alcohol. I told her politely that I had no alcohol, and that I simply don't drink at all. Furthermore, I explained that I had a bad cold and what she so adamantly claimed was a mint, was actually a cough drop. After that, she got extremely rude, rolled her eyes and said "yeah right!"
So, she searched me without my consent and guess what she pulled out of my pockets? Yes, she pulled out my tissue that I had used earlier in the evening. Oh, yes she also found the cough drops. I am going to take the liberty right here to call the police officer an outright dummy, and she got what she deserves since my cold was contagious and I warned her.
Bottom line: She pulled me over without probable cause since I was complying with all the traffic laws and wasn’t driving erratically. She made up allegations about me. She acted rude and unprofessional which I shouldn’t have had to tolerate. She searched me without my consent. She didn't apologize.

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