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Searches

  • LAW: When you are detained, the police are allowed to do a pat-down search of your outer clothes to check for weapons.

  • REALITY: The police may claim they feel a weapon when they don't, and use this as an excuse to go into your pockets. This is an illegal search (see "If the police search you illegally" on Street Guidelines ).

  • LAW: Other than a pat-down search, the police are only legally allowed to search you if you've been arrested, if they have a search warrant, or if you have a search clause as a condition of your probation or parole. This is true whether they're trying to search you or your bags or possessions. The police can also search you if you consent to a search.

  • REALITY: Never consent to a search. Silence can be consent, so whenever the police start searching anything, say repeatedly to them and to bystanders "I do not consent to this search." Sometimes the police try to trick you into consenting; sometimes they just go ahead and search anyway. If your arrested after an illegal search, some of the charges could be dismissed.


A great many searches happen when people give consent without realizing it. The police may ask for your consent in a way that doesn't sound like a question, such as "I want to look in that bag." Say no anyway.
Police may threaten to arrest you if you don't let them search. This is illegal.

  • LAW: The police can search your car if your in it when they arrest you, or if they have probable cause to believe there is evidence of a crime inside.

  • REALITY: The police may ask you for your keys to the trunk or glove compartment. If your not under arrest, tell them "No." If they threaten to break it open, say "Since you say you will break the car open, I will give you the keys, but I do not consent to this search." Again, make sure witnesses can hear you.

  • LAW: Without your consent, police can only enter your home if they have a search warrant, if they're arresting you, or if they have probable cause to believe there is evidence of a crime or an emergency in your house (for example, someone just called 911 with your address). The landlord or manager where you live cannot give legal permission for a police search. If you walk into your house when your about to be arrested, the police can search every room you walk through.

  • REALITY: If the police come to your door, step outside and lock the door behind you. If they have a search warrant, read it: check that the address is correct and the date is within the last several weeks. If they ask for consent to enter ("Mind if we come in?" of "We need to come in, OK?"), block the doorway with your body and say you'd prefer to talk outside. If they say they must enter and will break the door down, open the door, but repeat that you don't consent. Follow the police if they search to see if they try to plant anything.

Text by Sam Davis

Artwork by Lenore A. and Sam Davis


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