Just Say No
Do I have the right to just say no if a police officer asks
me to . . . ?
In the 1980's, First Lady Nancy Reagan launched an anti-drug campaign
with the words "Just Say No." Those words take on a new meaning in the
area of criminal law. The United States Constitution as well as the
Utah State Constitution guarantee you the right to "just say no" in a
number of legal contexts.
The information presented on this website is general in nature and
should not be treated as legal advice for your specific circumstances.
Seeking good legal counsel is strongly advised before taking any action
relating to a criminal investigation or potential criminal charges.
Contact us today to see how our
criminal defense team can help you.
If a police officer asks
permission to search my car without a warrant, can I just say no?
The
Fourth Amendment to the United States Constitution
guarantees the right to be free from "unreasonable searches and
seizures." This constitutional protection has been interpreted by the
courts to mean that when an officer stops you for speeding, an improper
lane change, or some other minor traffic violation, he does not
automatically have the right to search your vehicle. If the police
officer does not have a warrant and asks you for permission to search
your vehicle, you can just say no.
If an officer knocks on
my door and asks if he can come into your home to and take a look
around without a warrant, can I just say no?
Your home receives some of the strongest protections under the Fourth
Amendment. Even if the officer keeps his feet, but just leans in and
sticks his head in to look around, courts have held such conduct to be
an unreasonable search in violation of the Fourth Amendment in some
circumstances.
The Fourth Amendment protection against unreasonable search and seizure
applies to more than just your home. If you are staying in a hotel, or
if you are an overnight guest in someone else's home, the Fourth
Amendment gives you many of the same protections you would have if you
were in your own house. If the officer does not have a warrant and asks
for permission to search the place where you are living or staying, you
can just say no.
If I am arrested and the
officer asks if I would like to answer some questions, can I just say
no?
The Fifth Amendment to the United States Constitution
guarantees that no person shall be compelled to give evidence against
himself. This is sometimes referred to as the "privilege against
self-incrimination."This is the source of what is sometimes called the
"Miranda" right, or the right to remain silent. Remaining
silent doesn't just protect the guilty - it can also protect the
innocent. If you are arrested, you have the right to consult
with an attorney before being questioned by police, and the
right to have your attorney present if you choose to answer any
questions. If you choose to answer any questions, you are
required to answer truthfully. But you don't have to talk -
you can "Just Say No."
What if a police officer
says that he "needs to search" my car, home, etc., can I still just say
no?
There is a big difference between what a "need" and a "want."
Similarly, there is a big difference between what a police officer
"needs" and what you may be legally "required" to do.
Police often use language such as "we just need to check to make sure
your safe to drive before we let you go" or "we just need to check your
car to make sure you don't have anything illegal." It may seem noble
for an officer to want ("need") to keep drunk drivers off the road, and
having a driver perform field sobriety tests is one way to do that. But
requiring or compelling a driver to stand on one leg, walk in a
straight line, perform a stylized turn, count steps, and visually
follow the officer's finger back and forth to check for jiggly eyes
goes beyond what a police officer can lawfully do without a warrant and
without the consent of the driver.
A police officer who "needs" to search your car without a warrant and
without your consent normally will not have legal authority to do so.
You have places you "need" to be, things you "need" to do, and
obligations you "need" to fulfill. Police have an important job to do
in our society. An old cliche says that the job of a police officer is
"to protect and serve." The Constitution also serves to protect
individual rights, and by doing so to help ensure that individuals can
do what they need to do, go where they need to go, and meet the
obligations they need to fulfill. The Constitution does not require
that you give up your rights or change your plans just because police
have a job to do. Even if a police officer feels a "need" to search
your car or home, you do not have to consent. You can just say no.
If I am subpoenaed to
testify against my spouse in a criminal court case, can I just say no?
Utah's state constitution provides legal protection to spouses beyond
what the United States Constitution provides. Utah's constitution
provides a testimonial privilege that allows a spouse to refuse to
testify against his/her spouse, even when subpoenaed to come to court.
In criminal cases, it is not uncommon for a prosecutor to issue a
subpoena requiring a defendant's spouse to appear in court for an
evidentiary hearing or a trial. A spouse must comply with the legal
requirements of a subpoena that has been properly issued and served,
but what such a subpoena can require of a defendant's spouse is limited
by the Utah's constitution. The subpoena can legitimately be used to
compel to spouse to appear in court, it cannot be used to compel the
spouse to give testimony against the defendant spouse. The court may
order a spouse to take the witness stand. But a spouse called to
testify against his/her own spouse may legitimately and lawfully refuse
to answer any questions by claiming the spousal testimonial that is
guaranteed by Utah's state constitution.
If a judge asks me to
enter a plea before I have had a chance to talk to an attorney about my
case, can I just say no?
The Sixth Amendment to the United States Constitution guarantees the
right to be represented by an attorney whenever you are charged with a
crime. Utah's procedural rules governing criminal cases also guarantee
that a person cannot be required to enter any kind of plea (either
guilty or not guilty) before they have had a reasonable opportunity to
talk to an attorney about their case.
In a misdemeanor case, your first court hearing will typically be an
arraignment where the court will ask you to enter a plea of guilty or
not guilty. It is generally best to have the advice and assistance of
an experienced criminal attorney prior to making that first court
appearance and to have an attorney with you to help deal with any
issues that may arise. But if you have not yet been able to retain
counsel, you may politely ask the judge to let you delay entry of a
plea until you have been able to hire an attorney. In this case, just
saying "no" is likely to cause a bit of trouble with the court. But if
you explain that you need to obtain the advice and assistance of
counsel before you are comfortable proceeding, the judge will likely be
quite understanding.

Important
Disclaimer: If you use physical force in resisting a police officer's
attempts to search your car, home, or person, you will likely find
yourself facing criminal charges for interfering with a police officer
or a charge of assault against a police officer. If you believe that
the officer is violating your Fourth Amendment or other constitutional
rights, verbally make it clear that you are not consenting to a search
or seizure but do not physically resist. Make note of important events
or actions taken by the police and contact an attorney as soon as is
practical. An experienced attorney can help you better understand your
rights, whether they have been violated, and what remedies may be
available to you. Again, it is rarely prudent or safe to use physical
force against a police officer. Be respectful and polite, but clearly
state that you do not consent to the search or seizure. If the officer
has questions or begins to interrogate you, you may invoke your Fifth
Amendment right to remain silent and may request that you be given the
opportunity to consult with your attorney before answering
any questions.
Under Utah law, the only information you may be legally required to
provide a police officer is your name.
Finding a Utah Criminal Defense Attorney

Choosing the right
criminal defense attorney
is one of the most important decisions you will make when facing
criminal prosecution. The Utah criminal defense team at Canyons Law
Group has extensive experience defending some of the most serious
crimes on the books. Whether you are facing
felony or
misdemeanor
charges, we work hard to ensure that your rights are protected.
Contact us today to
see the difference the right criminal defense attorney can make for you.
RELATED QUESTIONS:
Can I be convicted of a
crime if my own confession is the only evidence?
What
happens if police in Utah do not read me my Miranda rights?
Can
I say no if Utah police ask to search my car?