Q: Can I refuse a search of my backpack if someone calls the police on me because they thought I was suspicious?
I was walking with a friend late at night and someone saw me and him and called the cops and they stopped me and questioned me about my bag and wanted to search it and it was 1 am and I told them no and they said usually people let us look if they aren’t hiding something but I wasn’t but I just didn’t think it was necessary cause I knew he thought I had drugs but I didn’t but he kept going on about how I was suspicious and acting like I was hiding something so I just opened the bag up and showed them everything except under my pillow at the bottom of my bag but he said he’d seen enough but it was all me showing him it wasn’t real thorough search but it made him happy and they let me go and he seemed real nice but I just wasn’t sure I had to show them my bag or really how to act
A: You have the right to refuse a request to search anytime, anywhere. After any such refusal, law enforcement would have to make the determination if circumstances justified a warrant less search, or if enough evidence existed to obtain a warrant for said search.
Kiele Linroth Pace agrees with this answer
A: Under both the US and Texas Constitutions, you have an absolute right to refuse to consent to a search of your person, home, or effects (including your bags). By refusing, you place the investigating agency in a position where they must pursue a search warrant and provide specific facts to a judge that amount to more than a mere hunch that they might find something. Only if the judge believes that there is probable cause will the judge sign the search warrant. If an officer has a valid search warrant, then you may no longer refuse the search. However, if it can later be determined by your lawyer in court that the search warrant was invalid for whatever reason, the judge can suppress the evidence that was seized during the search.
A: Under both the US and Texas Constitutions, you have an absolute right to refuse to consent to a search of your person, home, or effects (including your bags). By refusing, you place the investigating agency in a position where they must pursue a search warrant and provide specific facts to a judge that amount to more than a mere hunch that they might find something. Only if the judge believes that there is probable cause will the judge sign the search warrant. If an officer has a valid search warrant, then you may no longer refuse the search. However, if it can later be determined by your lawyer in court that the search warrant was invalid for whatever reason, the judge can suppress the evidence that was seized during the search. Regardless of how the police choose to proceed, you should remain courteous and respectful, remembering that the body cam video is recording your demeanor throughout the interaction.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
