Your rights when police want to search you

Why saying "no" matters

Saying "I do not consent" out loud protects your rights later in court. It matters even if the officer searches anyway. Do not physically resist. A lawyer can challenge the search later.

When police do not need a warrant

A warrant is a court order signed by a judge. Police generally need one to search you or your things. There are exceptions. Police can search without a warrant if:

• You agree. This is why "I do not consent" matters.
• They arrest you. They can search you and the area within your reach.
• There is an emergency. For example, a fire, someone screaming for help, or evidence about to be destroyed.
• Something illegal is in plain view. They must see it from a place they are allowed to be.
• They stop you with reasonable suspicion. Reasonable suspicion means a specific reason to think you are involved in a crime. They can pat down your outer clothes for weapons. This is called a "frisk."
• Your car is involved. Police may have probable cause, meaning good reason to believe there is evidence in your car. Then they can often search it without a warrant.

During a frisk, police generally cannot go into your pockets. The exception is if they feel something that is clearly a weapon or clearly illegal.

At your home

• Police generally need a warrant to enter your home.
• You do not have to open the door. You can talk through it.
• If they say they have a warrant, ask them to slide it under the door or hold it to a window.
• Read it. It should be signed by a judge. It should list your address and what they are looking for.
• If they have no warrant, say: "I do not consent to you entering my home."

On the street

• Ask: "Am I being detained, or am I free to leave?"
• If you are free to leave, leave calmly.
• If you are detained, you may have to give your name in some states. You do not have to answer other questions.
• You do not have to agree to a search of your bag or pockets. Say: "I do not consent to this search."

In your car

• Pull over safely. Turn on the inside light at night. Keep your hands on the steering wheel.
• Show your driver's license, registration, and proof of insurance if asked.
• You do not have to answer other questions. Say: "I want to remain silent."
• Say: "I do not consent to a search of this vehicle."
• Police may still search if they have probable cause. Your "no" still protects your rights in court.

With your phone

• Police generally need a warrant to search your phone, even after an arrest. The Supreme Court decided this in Riley v. California (2014).
• Say: "I do not consent to a search of my phone."
• You do not have to tell police your passcode because they ask.
• Courts disagree about whether a judge can order you to unlock a phone. The rules for fingerprint and face unlock are also unsettled and differ by state.