A 19-year-old business student loaned a car to a friend, who left a glass pipe in the trunk when the car was returned. Two months later, while driving through Salt Lake City, Utah, the business student was pulled over for speeding.
During the stop, the officer asked the student if he could to search the trunk. Thinking he had nothing to hide, the student gave permission. The officer found the pipe and what appeared to be burnt marijuana residue. The student was arrested for possession of a controlled substance and possession of drug paraphernalia, both class B misdemeanors.
The combined punishments for the two charges included up to 360 days in jail and nearly $4,000 in fines. The court could impose other sanctions as well. Further, the federal government could deny further student loans and insist on payment in full for his existing loans. Instead of becoming a business professional, the student faced massive debt with no way to repay it.
What should the student have done differently? He should not have given permission to search his car.
When the police pull you over, they don’t have the right to search your car without what criminal lawyers call probable cause. Officers can do a “pat-down” search for their own safety, identify the smell of drugs and alcohol, and spot things in plain view. Often, they can tell what it looks like if you try to hide something. Without one of these reasons, however, police officers are not normally allowed to search your car unless they ask for permission.
If the officer asks for permission to search the vehicle, you don’t have to give it. Be polite at all times, but ask the officer if you are free to go, and explain that you need to get home and are already running late. If they don’t have probable cause to search your car and you aren’t in custody, it is better not to waste their time or yours.
