The *Fourth Amendment to the Bill of Rights of The United States Constitution states: The right of the people to be secire in their persons, houses, papers, and effects, against unreasonable searches and seizure, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath and affirmation, and particularly describing the place to be searched, and the person and things to be seized.

The *Fifth Admendment reads in part: "No person shall be compelled in any criminal case to be witness against himself, nor be deprived of life, liberty, or property without due process of law."

These amendments provide the foundation for the rights that protect all US Citizens from intrusive law enforcement practices.

If an officer violates your rights than any evidence discovered as a result of that violation. Must be suppressed from the evidence at trial. This is accomplished by filing a motion to suppress with the trial judge. Even if an officer obtained a warrant prior to searching, if that warrant is defective or not supported by probable cause, than the evidence must be suppressed. Often times after the fruits of illegal detention, interrogation, or search are suppressed, the government is left with very little evidence and the charges are dismissed.

1. Don't Leave Contraband in Plain View:
Although law enforcement officers must obtain a warrant before they can conduct a privacy invading search, any illicit material that can be seen by any person through a non intrusive vantage point is subject to confiscation. An arrest a valid warrant to search the rest of the area is likely to ensue. A "roach" in the ashtray, a pipe or baggy on the coffee table, or a joint being smoked in public are common mistakes which all too frequently lead to arrests.

2. Never Consent:
Many individuals arrested on marijuana charges could have avoided the arrest by exercising their Fourth Amendment rights. If a law enforcement officer asks your permission to search it is usually because 1) there is not enough evidence to obtain a search warrant. 2) The officer does not feel like going through the hassle of obtaining a warrant. Law enforcement officers are trained to intimidate people into consenting searches. If you do consent. You waive your constitutional protection and the officers may search and seize items without further authorization. If an officer finds contraband they will arrest you. If you do not consent to the search the officer must either release you or detain you and attempt to get a warrant. The fact that you refuse to consent does not give the officer grounds to obtain a warrant or further detain you. An officer can obtain a search warrant only from a judge or magistrate and only upon showing of "probable cause." Probable cause requires an officer to articulate information that would cause a reasonable person to believe that a crime has or is being committed and that the evidence in that involvement can be found within the object of the search.

There are exceptions to the search warrant requirement which permit an officer to search an area without a warrant or consent under certain circumstances. The important thing for you to remember is never consent to a search or talk to an officer if you want to preserve your rights.

If an officer asks to search you or an area belonging to you or over which you are authorized to control you should respond:

I do not consent to the search of my (person, baggage, purse, luggage, vehicle, house, blood, etc.) I do not consent to this contact and I do not want to answer any questions. If I am not under arrest I would like to go now (or be left alone)

3. Don't Answer Questions Without an Attorney Present:
Whether arrested or not, you should always exercise the right to remain silent. Anything you say to law enforcement officers, cell mates, friends, reporters can be used as evidence against you. You have the right to have an attorney present during questioning. Your right to remain silent should always be exercised.

4. Determining if you can leave:
You may terminate an encounter with an officer unless you are being arrested or detained under police custody. If you can't tell if you can leave you can ask an officer, "Am I under arrest or otherwise detained?" If the answer is no you may leave.

An officer can temporarily detain you without arresting you if he has "reasonable suspicion" that you are involved in criminal activity. An officer must be able at a later time articulate to a judge objective facts that would have caused a reasonable person to suspect that you were involved in criminal activity at the point you were detained. Also an officer must perform a "pat down" or "frisk" on you during the detention if he has reasonable suspicion that you are armed. However an officer may only reach into your pockets if he pats something that feels like a weapon.

When an officer attempts to contact you or question you, you should politely say:
"I do not consent to this contact and I do not want to answer any questions. If I am not under arrest I would like to go now (or be left alone)" If arrested you should again refuse a search of any kind, and refuse to answer any questions. At this point you should insist on speaking to an attorney as soon as possible.

5. Do Not Be Hostile; Do Not Physically Resist: There are time when individuals politely assert their rights and refuse to consent to a search but the officers nonetheless proceed, to detain, search, or arrest them. In such cases it is important not to physically resist. Rather, you should reassert rights as outlined on page 1, section 2.

6. Informing On Others:
The police and prosecutors often try to pressure individuals onto providing information that would lead to the arrest and conviction of others. Threats and promises by police and prosecutors should be viewed with caution and skepticism. Decisions should be made only after consulting with an experienced criminal defense attorney and examining one's own conscience.

Finally consider downloading and carrying NORML'S Freedom Card A quick reference guide to your rights and obligations when you are stopped by police.

I got all this information of the NORML web page. This is not legal advice and if you are in trouble you should contact a lawyer.