DRIVERS HAVE RIGHT TO REFUSE SEARCH

Police reports tell the story time and again.

A driver is stopped for a traffic violation and winds up in jail for
carrying illegal drugs, alcohol or weapons.

A common subplot: Officers ask the suspects for permission to search
their vehicles, and the suspects consent, even though the thumbs up
almost guarantee their arrest.

A fact that poses the question: If guilty suspects are so willing to
forgo their rights and submit to optional searches and seizures, how
many law abiding citizens do the same?

"We live in a country where citizens are on equal footing with the
government," said Monroe attorney Charles Kincaid, who specializes in
civil rights. "We have a right not to consent or assist the government
in making a case against us."

When stopped by police, drivers are required to give their license,
registration and proof of insurance unless they have a search warrant.
Nothing else.

Police can, however, search a vehicle or person without a warrant if
probable cause exists to believe the driver is involved in illegal
activities or if the driver gives consent.

Probable cause exists when an officer believes he has enough evidence
to make an arrest. That evidence can range from nervous behavior, or a
scent of alcohol or marijuana coming from a vehicle, West Monroe Chief
of Police Christopher Elg said.

Officers can ask to search a vehicle without probable cause, but the
driver can choose not to consent.

Before asking the driver to consent to a search, the officer should
make it clear that the driver is free to leave, Elg said.

While it's true that some may not know their rights, Elg said police
see another side. He believes one reason the guilty consent to
searches is that they believe they can get away without being caught.
Refusing a search "could be for a variety of legitimate reasons," Elg
said. "It's not an indication someone is guilty."

No coercion should be involved, and officers can't use trickery, Elg
said. But the fact that police do ask permission to search clearly has
led to daily arrests.

One example of the good police work came last week, when state
troopers from Troop F stopped an 18-wheeler carrying 70 pounds of
cocaine. According to the arrest report, the driver gave the arresting
officer consent to search his vehicle.

"To protect the innocent, rights have to apply to everyone," Kincaid
said. "The extensive rights that we have are what separates us from
other countires."

While the right to resist questioning and searches by police is only
one example of how Americans can assert their rights, the risk of not
practicing these and other rights could be serious, Kincaid said.

"If we don't exercise our rights, ... these rights are going to wither
from use," Kincaid said.