Consenting to a police search can be a one-way ticket to trouble

December 2, 2:06 PMCivil Liberties ExaminerJ.D. Tuccille

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I am forever astonished by the number of people who willingly consent to have their vehicles and possessions searched, even when the only possible outcome is a world of legal trouble. It's not that hard to say "no" in the hopes that the police officer will have neither the inclination nor the probable cause to seek a warrant. After all, you might get off if you decline the polite invitation; if you agree to the search while in possession of contraband, you will get into trouble.

That said, the following announcement from the Arizona Department of Public Safety is making the rounds:

On Monday, December 1, 2008, at 1530 hours A DPS Officer, stopped a Large Penske Moving van that was identified as a Commercial Motor Vehicle through an interview with the driver. The officer stopped the vehicle for following too close and unsafe lane usage and conducted a Level II inspection. As a result of the inspection the officer placed the driver out of service for not having a log book and noted numerous violations. While conducting the Level II inspection the officer observed numerous indicators of illegal activity, including an unreasonable explanation of the trip, highly nervous driver, unusual rental length, non cost effective trip for merchandise being hauled as well as numerous other items. The officer asked for and received written consent to search the vehicle. The officer identified a false front wall in the truck by newly caulked walls, phillips head screws in the front wall and sheet metal along the top of the wall. A search of the false compartment revealed 1849 pounds of Marijuana.

What does the better part of a ton of marijuana look like? Take a gander:

So, you have that sitting behind you in a false compartment in your truck, a police officer clearly has his spidey senses tingling, but nothing else to go on (that's the formal translation of "an unreasonable explanation of the trip, highly nervous driver, unusual rental length, non cost effective trip for merchandise being hauled as well as numerous other items"). The cop asks if he can go probing through your belongings and, with that motherload of ganja behind your seat, you say ... yes?

Ummm ... that's the wrong answer, folks.

Here's a hint: The Fourth Amendment requires that, even in searches of vehicles, which enjoy reduced constitutional protection, police must still have probable cause. Refusing consent isn't a firm and fast roadblock to a search, but it's better protection than permitting the search to proceed.

Contact J.D.: civilliberties (at) tuccille.com