Searched by police

What you can say

I do not consent to this search.

Am I being detained, or am I free to leave?

I want to remain silent. I want a lawyer.

Do you have a warrant?

You can say these calmly and clearly. You do not need to argue. Saying "I do not consent" out loud is what protects your rights later in court, even if the officer searches anyway.

The law you are citing

Fourth Amendment (Bill of Rights, ratified 1791):

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

The Fourth Amendment protects you from unreasonable searches by the government. The general rule is that police need a warrant signed by a judge before they can search you, your home, or your belongings.

When police do not need a warrant

There are exceptions. Police can search without a warrant if:

• You consent. This is why "I do not consent" matters. Without your consent, police need another reason.
• They are arresting you. They can search you and the area within your reach.
• There is an emergency. For example, a fire, a person screaming for help, or evidence about to be destroyed.
• They can see something illegal in plain view without entering a private space.
• They stop you on the street with reasonable suspicion of a crime. They can briefly pat down your outer clothing for weapons (called a "stop and frisk"), but not go through your pockets, unless they feel a weapon.
• Your car is involved. Cars have weaker Fourth Amendment protection than homes. If police have probable cause to believe there is evidence in your car, they can often search it without a warrant.

At your home

• Police generally need a warrant to enter your home.
• You do not have to open the door. You can speak to them through it.
• If they have a warrant, ask them to slide it under the door or hold it up to a window. Read it. The warrant must say what address they can search and what they are looking for.
• If they do not have a warrant, you can say: "I do not consent to you entering my home."

On the street

• If police stop you, ask: "Am I being detained, or am I free to leave?"
• If you are free to leave, leave calmly.
• If you are being detained, you do not have to answer questions beyond identifying yourself (in some states). Say: "I want to remain silent. I want a lawyer."
• You do not have to consent to a search of your bag or pockets. Say: "I do not consent to this search."

In your car

• Pull over safely. Keep your hands visible on the steering wheel.
• You must show your driver's license, registration, and insurance if asked.
• You do not have to answer other questions. You can say: "I want to remain silent."
• You do not have to consent to a search. You can say: "I do not consent to a search of this vehicle."
• Police may search anyway if they have probable cause. Saying "I do not consent" still protects your rights in court later.

With your phone

• Police generally need a warrant to search the contents of your phone, even if they have arrested you.
• You can say: "I do not consent to a search of my phone."
• In most states, police cannot force you to give up your phone passcode without a warrant. Rules about fingerprint and face unlock vary by state.