Coerced Consent to Search

The most common way I have seen law enforcement officers get a suspect's consent to search is by using some variation of the phrase "you don't mind if I take a look do you?"  This still common police tactic to elicit consent to search has been denounced by the California appellate courts for over 30 years!  Police are out to trick you, lie to you and intimidate you into giving up your important constitutional rights.

In Crofoot v. Superior Court (1981) 121 Cal.App.3rd 717, 725, the court held that it was improper to purposely put a subject in the position where he feels that by exercising his right to refuse, he would be incriminating himself or admitting participation in illegal activity.

Officer:  “You don’t have anything illegal in your pockets, do you?”
Suspect:  No.
Officer:  “Then you wouldn’t mind me looking, would you?”
Suspect:  No.

The court properly constructed the true meaning of the officer's question like so:

"We believe implicit in the officer's statement is the threat that by exercising his right to refuse the search Stine would be incriminating himself or admitting participation in illegal activity (that is, that he had been "doing something"). It was equivalent to putting the following option to Stine:

'By exercising your constitutional right to withhold consent from me to search the backpack you will be admitting to me that you have done something wrong; it is better to let me search the pack and discover for myself. You cannot leave until you give consent.' "

Still, this is COMMON PRACTICE and done on a daily basis.  Aren't our rights more meaningful if the government cannot scare us and trick us into giving them up?  The law allows them to, and there are no signs of that changing.  What must happen is citizens must arm themselves with knowledge and learn not to fall for police tricks and bullying.  Stand your ground, refuse searches and make sure never to incriminate yourself.  Police are simply trying to build enough evidence to arrest and convict you of a crime.  

This case underscores the importance of legal research and motions to suppress in connection with our rights against unreasonable search and seizures.  The Fourth Amendment is only as strong as defense attorneys make it.  Particularly in possession cases (possession of a controlled substance, possession of an illegal or unlicensed firearm, etc.), suppression motions can be the most effective defense and might just be the easiest way to make a serious charge disappear.  


That is how your criminal defense attorney can help you in the event that your case ever gets to court, but it is also important to note how important it is to know, understand and assert your rights during a police encounter.  Police are trained to use threats and deception to get what they want out of potential suspects.  The first step in defeating these tricky tactics is to recognize that the police are using them.  Police can and will lie to you and can threaten you.  But they cannot search you without probable cause, consent or a warrant.  If you find yourself in a police encounter, be assertive, yet cooperative and do not be afraid.


For more information about refusing searches and asserting your rights, feel free to contact our office for a Free Consultation.  Whether you have been arrested or charged with a crime, or just want to better understand how to handle an overbearing government and assert your rights, contact us now.

Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
NL@iDefendLosAngeles.com
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com

IMPORTANT LINKS:
LA Sheriff's Inmate Locator 
Los Angeles Superior Court  
Los Angeles Police Department
Los Angeles Felony Bail Schedule
Los Angeles Misdemeanor Bail Schedule

By Nicholas Loncar

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