X

Silence is only recourse

Posted 6/8/15

In response to many Sound Off submissions and Letters to the Editor that state "why not just open your trunk." In this country, we made the decision long ago that we should be secure against …

This item is available in full to subscribers.

Please log in to continue

Log in

Silence is only recourse

Posted

In response to many Sound Off submissions and Letters to the Editor that state "why not just open your trunk." In this country, we made the decision long ago that we should be secure against unreasonable searches and seizures. In other words, if a policeman asks you if he can search your property, and it's an unreasonable search, you are fully within your rights to refuse. Police have a lot of discretion. If they suspect you are committing a crime, then searching you is reasonable. If they have a drug dog, and the dog walks around your car, that is a reasonable search. If they don't have a drug dog, asking you to wait while they get one is unreasonable. Citizens have relatively little power, and are well-advised to use that power by refusing unreasonable searches at all times. Why not open your trunk? What if your son gave a ride to a friend, the friend had drugs, and the drug dog or police smells them? You will lose your car, and the police can sell it and keep the money. That gives them a powerful incentive to find drugs in your car. Should your son keep friends who use illegal drugs? Probably not. Is that an error punishable by losing your car? Unfortunately, it is. What if a policeman palms a joint and drops it in your trunk after you've opened it? Oh, that's rarely going to happen, of course. Can you afford to rarely lose your car? No, you can't afford to ever lose your car. Nobody can. There is nothing to be gained by opening your trunk except a few moments of staring at the policeman (who already knows that you are free to reject his suggestion) and much to lose. Stop opening your trunk. The only thing you should say to a policeman at a stop is "Am I being detained?" If they say no or remain silent or change the subject, then say "If I'm not being detained, I'm leaving" and then leave. If they say you're being detained, then you're under arrest and the only thing you should say is "I'm invoking my fifth amendment rights. I want speak to a lawyer." Remember: the police can always lie to you and you can never lie to them. Silence is your only recourse. Use it.