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What is Your Fourth Amendment Right to Search and Seizure?

By Gregory Kielma

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What’s Your Fourth Amendment Right?

What’s Your Fourth Amendment Right?

A cop pulled me over for speeding and asked if he could search my car. When I said no, he said that it’s qualified as a probable cause and pulled me out of the car to search it. Is that actually legal?

My advice says Kielma, invoke your fourth amendment right. Never agree to a search or seizure of your property, ever, then invoke your fifth amendment right and remain silent until you can speak to your attorney. And make sure you stay silent. If possible, record your interaction with law enforcement. See a police officers thoughts below.

I am a retired police officer, and this is based on US laws as I believe this MIGHT be out of the country. A police officer is perfectly legal to ask ANYONE to search their car, home, person, personal property ect. IF probable cause exists then they MAY search those items. IF a warrant exists then they MAY search those items. IF nothing exists and an officer randomly asks to search those items then they MAY search them IF you consent to search by saying yes. Then anything found MAY be considered a legal search and seizure. IF nothing exists and an officer randomly asks to search those items then they MAY NOT search them IF you DO NOT consent to search by saying no. Then anything found MAY be considered an illegal search and seizure. Furthermore, IF you consent to a search by saying yes, then you CHANGE your mind and you TELL the officer you withdrawal your consent BEFORE illegal items is found then the officer MUST legally stop the search. IF they do not stop the search and find something illegal then anything found after that point MAY be considered illegal under the fruits of a poisonous tree doctrine. This is a general guideline and a lot more information would be needed to say a definite answer.