LAWYER: The “Trick Question” Cops Use To Get Consent To Search

About this Video

• Video Title: LAWYER: The “Trick Question” Cops Use To Get Consent To Search
• Channel: Attorney Marc Lopez (Marc Lopez Law Firm)
• Speakers: Marc Lopez
• Duration: 00:05:29

Introduction

This video discusses a common tactic police officers use to obtain consent to search a vehicle. Attorney Marc Lopez explains how officers use a two-part question ("Is there anything illegal in your vehicle?" followed by "You wouldn't mind if I searched, would you?") to subtly pressure individuals into consenting to a search, even if they initially object. The video aims to educate viewers on how to avoid this tactic and protect their rights.

Key Takeaways

• Police use a two-part question: Officers often ask if there's anything illegal in the vehicle, and if the answer is no, they follow up by asking if the driver would mind a search. This is a manipulative tactic.
• Responding with "I plead the fifth": The only appropriate response to the question about illegal items is to plead the fifth. This protects the individual's rights and avoids inadvertently giving consent.
• Understanding the automobile exception: If an officer has reasonable suspicion, they can search a vehicle without consent or a warrant (automobile exception). Asking for permission suggests they might lack this reasonable suspicion.
• Consequences of refusing identification: In Indiana, refusing to provide license, registration, and date of birth is a misdemeanor offense.
• Don't give consent: Never consent to a vehicle search, even if the officer claims to smell marijuana or plans to obtain a warrant. Insisting on "pleading the fifth" protects your rights.