The Fourth Amendment protects against unreasonable searches and seizures. Three ideas unlock most situations: probable cause, consent, and warrants.
Rights script: “I choose to remain silent. I want a lawyer. I don’t consent to any searches.”
Key ideas
- Probable cause is required for most searches and arrests — it’s more than a hunch.
- Consent makes many searches lawful. If you say “yes,” it’s hard to undo. It’s okay to decline.
- Warrants must be specific and time-limited; scope matters.
Quick FAQs
How do I decline a search without escalating?
Keep your voice steady and hands visible. Say, “I don’t consent to any searches,” once or twice, then stop debating roadside law.
What if I’m unsure whether I’m detained?
Ask, “Am I free to leave?” If yes, depart calmly. If no, use the rights script and stop discussing facts.