Know Your Rights During a Police Search

Random searches in subway entrances and bus stops are becoming a common site for those of us who frequently use the public transportation system. These types of searches can leave you feeling violated and helpless wondering if there is anything you can do to avoid this type of search again. In today's day and age it has become increasingly important for citizens to remember your fourth amendment rights, in whatever situation they may be in. As everyone knows, after 09/11 Police have initiated a crack down concerning security on the public transportation systems all over the country, subjecting people to security measures that may be a bit to intense for the everyday commuter. This articles intent is to help you understand your rights during a Police search on a public transportation vehicle such as a subway, train, or bus.

The first tip I can offer to you and perhaps the most important is that you have the right to refuse a search when approached by a law enforcement officer. Refusal to a search is your fourth amendment right (FlexYourRights.org)! However, should you choose to refuse a search you must also remember that the use of the public transportation system is a privilege not a right. If the conditions to riding the subway are that you must be searched, you will be asked to exit the subway station or should do so voluntarily (FlexYourRights.org).

When refusing a search it is of the utmost importance to remember to always be respectful; you are still addressing an officer of the law. Showing disrespect and yelling can be interpreted as assault on an officer and can get you arrested (FlexYourRights.org). A good example on how to address an officer while refusing a search is given at FlexYourRights.org, "Calmly and clearly say, 'Officer, I do not consent to any searches. I am going to exit the station.' Then exit the station and do not return through the same entrance."

Also, remember that just because you disagree to be searched does not mean you are guilty of anything, and cannot be interpreted as such (FlexYourRights.org). The key, once again, is to be respectful. Do not "physically resist" or flee when being detained or approached by an officer (FlexYourRights.org). It is your right to refuse a search, you cannot get in trouble for simply denying access to a bag in your possession to an officer. This is completely legal.

Whether you choose to enforce your fourth amendment rights as a citizen of the United States or not, it is always important to be knowledgeable concerning what those rights mean to you and when you can use them in specific situations. Keeping yourself educated can help you avoid problems should you be the subjected to a random search.

Please read my article, "Know Your Rights During a Traffic Stop."

1. "The Citizen's Guide to Refusing New York Subway Searches." 2007. Accessed 30 April 2007. http://www.flexyourrights.org/subway/>.