When Portland police stopped a pickup for a minor traffic violation last week it turned into the biggest ecstasy seizure in Portland police history. Reports indicated that the traffic stop was for failure to maintain a lane of travel. This traffic violation is a police favorite when looking for drunk driving.
After the stop, police say they obtained consent to search the vehicle. As an Oregon defense attorney, I always tell people "never consent to a search." In order to conduct a search, police must have a warrant. There are only a few exceptions to this general warrant requirement. The easiest exception for the police is consent. Do not give it.
People sometimes ask why they shouldn't consent if they have nothing to hide? That is like asking why we should care about free speech if we have nothing to say. The warrant requirement is in the Constitution because our founders recognized it as a vital right to protecting our democracy. We people routinely waive their rights, those rights are cheapened.
In a previous post I discussed whether or not to take the field sobriety tests or the breath test. Now let me stress the importance of not giving consent to a search. Next to exercising the right to remain silent and requesting a lawyer, not consenting to searches is among the top things people can do to protect everyone's rights.
