If an officer stops you in Tennessee and asks to search your car, the Fourth Amendment protects your right to decline consent to a search. Remember this: denying consent is not probable cause for a search. The police cannot use your refusal against you. Protect this right by clearly stating that you do not consent, ensuring you do not provide any permission. Even if you accidentally give permission, you can revoke that consent at any point during the stop.
What to say and do during the stop
When an officer asks to search your vehicle, avoid saying “No” to prevent misunderstandings. Instead, state clearly: “I do not consent to any searches of my person or property.” If pressed, decline to answer further questions. Under the Carroll Doctrine, police may search your vehicle without a warrant if they have “probable cause,” such as seeing contraband or smelling drugs. Regardless, you should always clearly refuse consent to preserve your rights.
What if the police search your car anyway?
If the officer ignores your words and searches your car anyway because they claim to have probable cause, do not physically resist. Do not argue, fight or touch the officer, as this can lead to physical harm or extra criminal charges. Instead, clearly repeat your statement that you do not consent, stay calm, and watch what they do. Your lawyer can later challenge the illegal search in a Tennessee court to throw out any evidence the police found.
What if the police arrest you?
If the officer places you under arrest, you have the right to make a local phone call. Choose wisely who you call. If you call a lawyer, the police cannot legally listen to your conversation. However, if you call a girlfriend, a buddy, or a family member, the police can, and usually will listen to and record every word you say.
Why you need a defense lawyer
Tennessee laws regarding traffic stops, the Carroll Doctrine, and vehicle searches are highly complex. For instance, recent Tennessee court rulings have changed how judges look at the “totality of circumstances” regarding smells and probable cause. A skilled local defense attorney can review your case, see if the police violated your 4th Amendment rights, and fight to get your charges dropped or reduced.