A consent search happens when a person allows police to search them, their property or their vehicle without a warrant. This typically occurs when an officer lacks probable cause for a search but suspects illegal activity. However, it’s important to know that you have a constitutional right to refuse a consent search.
Understanding “voluntary consent”
For a consent search to be legal, you must give permission voluntarily. This means you shouldn’t feel forced or tricked into agreeing. Michigan courts will look at several things to decide if your consent was freely given or coerced:
- The officer’s words: Courts look at how the officer asked for consent. Did they make a polite request or a demand? Did they use intimidating language or hint that saying no would cause problems?
- Threats or promises: If an officer threatens you by saying they’ll arrest you if you don’t agree or makes false promises like saying you won’t get in trouble if you allow the search, your consent might not be voluntary.
- Your age and education: Courts think about whether you fully understood what the officer was asking. They consider your age, education and if you had any trouble understanding English.
- Information about your rights: Officers do not have to tell you that you can say no. However, if they do, it helps show that your consent was voluntary.
Even when you agree to a search, it can still be illegal if officers overstep their bounds. A consent search may become unlawful if officers search beyond what you allowed. It is also unlawful for them to continue searching after you withdraw consent, or if they assume consent without clear permission.
Protect your rights
If you believe the police violated you or a loved one’s rights during a search or obtained evidence illegally, don’t hesitate to reach out to an attorney. They can help you understand your situation better and guide you on the next steps to take.