19

In general, how much can a person do to stop a warrantless search beyond verbally refusing consent? Is there anything further that can be done to prevent the search in the first place or make legal action after the fact more likely to prevail?

Most of the results I get to searches relate to what officers can legally do, but I'm more interested in the case where the search isn't legal (regardless of if the officer knows that).

I kinda suspect the answer (excluding thing like taking recordings) is "nothing at that time" but that any officers involved who ignore that refusal will get in trouble. Would it be legal (ignoring the question of advisability) to passively obstruct such an illegal search, say by locking a door or standing in a doorway such that the police would have to physically touch/move you to continue?

Trish
  • 50,532
  • 3
  • 101
  • 209
BCS
  • 573
  • 5
  • 12

1 Answers1

28
  1. Don't consent.

  2. Say so (ideally in a well documented way, like on video).

  3. Challenge the fruits of any unlawful search after the fact in a suppression hearing, or in a civil rights lawsuit.

There is a decent chance that a court will find that the warrantless search is lawful – even if it isn't – but there isn't much that you can do about it that would be wise or legal.

Also, recognize that in many circumstances, warrantless searches are legal.

V2Blast
  • 118
  • 11
ohwilleke
  • 257,510
  • 16
  • 506
  • 896