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Refusal of a search is inadmissible at trial.

By Marks & Katz, LLC

   Bill of Rights (From public domain.) Sometimes prosecutors try to present evidence at trial that my client refused a search. They may not do so:  "A person has a constitutional right to refuse to consent to a warrantless search of his or her automobile, and such refusal may not later be used to implicate guilt. An unfair and impermissible burden would be placed upon the assertion of a constitutional right if the State could use a refusal to a warrantless search against an individual. See, e.g., United States v. Prescott, 581 F.2d 1343, 1351 (9th Cir.1978); Garcia v. State, 103 N.M. 713, 712 P.2d 1375, 1376 (N.M. 1986). Moreover, a person's refusal to consent to a warrantless search cannot form the basis of reasonable suspicion or probable cause...continue to full post

Full post as published by Underdog on January 06, 2009 (boomark / email).