How Not to Give the Police a Reason to Arrest You While You're Out Driving Your Car

It's the holiday season, again, and you know what that means?  That's right - another round of police trying to search your car whilst driving to grandma's house.

Seems every time I hop on the the Internet there's a slew more articles/videos of police doing everything they can to get in someone's car.

I gotta wonder why police do everything they can to get people to consent to a search and why people think consenting to a search at a traffic stop is a good thing?

So, picture it - you're driving along (to grandmothers house) and you get pulled over by highway patrol.  Police approach and right off they ask if they can search your car.  Without giving any legal advice here, what might you do to avoid giving consent to a search?

1. Clearly and Politely Say No to a Search

According to Egzon Hasi of White Law PLLC, many people believe police can search cars during traffic stops, but that’s only semi-true. Cops can only search vehicles during traffic stops when they establish probable cause.

However, if you don't want police to search your car, you must actually say you do not consent — silence can sometimes be taken as consent.

Example phrases you can calmly use:

• “I do not consent to any searches.”

• “No, officer, I do not agree to a search.”

• “I do not give you permission to search my car.”

Keep your tone calm, non-aggressive, and respectful.

2. Do Not Physically Interfere

If the cop does get you out of our car or just reaches in through the open window to open the door themselves, don't (as in never) touch the officer, block them, or resist physically — that can escalate to arrest.  Just state your refusal verbally and stay still with your hands visible.

3. Avoid Volunteering Information

According to Brendan Fernsten, managing partner at Barns & Fernsten, volunteering more information than what is legally required can inadvertently lead to self-incrimination. This could include providing information about your whereabouts, actions, or intentions–even if it seems innocuous, it can lead to further investigation and potential legal complications.

Example:  

Officer says, "do you know how fast you were going?"  

Officer says, "Do you know why I pulled you over?"

Officer says, "Where are you coming from?" 

So,do not give extra details about where you’ve been or what’s in your car — keep answers short, provide only what is legally required: license, registration, proof of insurance, and know that small talk or nervous chatter can accidentally give officers a “reason” to escalate.

4. Clarify if You Are Free to Go

The Thiessen Law Firm notes that: once the purpose of the stop is complete — whether you’ve received a citation or just a warning — you are legally free to leave unless the officer has developed legitimate, reasonable suspicion of another crime.

You can politely ask: am I being detained, or am I free to go?”  If they say you’re free to go, calmly leave.  If they say you’re detained, you still have the right to refuse a search unless they have probable cause or a warrant.

5. Do Not Open the Door or Trunk Unless Required

Legal Zoom notes that the Fourth Amendment protects you from unreasonable search and seizure. The Supreme Court has looked at several cases involving Fourth Amendment rights and warrantless searches. In most instances, the officer can conduct a search if they have probable cause to do so.

It is important to note that cars are generally excepted from the advance warrant requirement because of their mobile nature. This gives police license to conduct warrantless searches of cars - provided they can find probable cause (which is actually easy to do). 

In Chimel v. California, 295 U.S. 752 (1969) the court held that police might search the person and all areas under a person's control or reach.  This reasoning may be applied in the case of a trunk. It would be in control of the car's driver, and barring some unusual circumstance, within his or her reach. A trunk generally conceals its contents. So, an officer may look there if there is a belief that what he is searching for might be in the trunk.

Regrdless, while officers may casually say, “Pop the trunk” or “Open the glove box, ” if you do not want to consent:  Politely say, “I do not consent to searches.”  Only open compartments if required for documents (e.g., registration) — and do so slowly and carefully.

6. Remain Calm & Professional

• Keep hands on the wheel where they can see them.

• Avoid sudden movements.

• Do not argue or insult the officer — anger can escalate the situation.  This means don't start swearing at the police officer.  Even IF they don't have probably cause to search your vehicle, they'll figure something out or make up a crime just to delay you from getting to grandmas house.  I mean, have you never seen any YouTube videos where police make up stuff?  Happens a lot and because people do stupid things to piss off a cop.

• If pressured (“If you’ve got nothing to hide…”), just repeat:  “I understand, but I do not consent to searches.”

7. Record the Encounter (If Legal in Your State)

Many states allow you to film police during traffic stops as long as you don’t interfere.  In fact, the 10th circuit noted in Irizarry v. Yehia, No. 21-1247 (10th Cir. 2022) that “filming the police and other public officials as they perform their official duties acts as ‘a watchdog of government activity’” and is a constitutional right. So, go ahead and:

• Use your phone dash-mount or voice recorder.

• Calmly state: “For my safety and yours, I’m recording this interaction.”

8. Know Exceptions

Even if you refuse, police can sometimes still search if they have:

• Probable cause (e.g., they smell marijuana, see contraband in plain view).

• Exigent circumstances (they believe evidence will be destroyed or someone is in danger).

• An arrest (they can search the car for weapons or evidence).

Now, I'm not an (or your) attorney but after careful research and examination of the laws of the land, it would behoove you, if you're ever pulled over, to:

1. Be polite.  
2. Give short answers.  
3. Clearly state you do not consent to a search of your vehicle. 

and soon enough you'll be back on the road on your merry way to grandma's house (and not jail).