Consent Searches: What State v. King Teaches Us About Our Rights

Interactions with police can be stressful, and it’s important to know your rights. Consenting to a search may seem harmless, but it can have huge consequences. That’s what D.M. learned in the recent State v. King case in Maryland.

D.M.’s story shows how even if you make a mistake, like consenting to a search you shouldn’t have, a good lawyer can still help protect your rights. But it also shows why it’s so important not to consent in the first place.

What Happened in State v. King?

It all started when police knocked on D.M.’s door and asked about an illegal upload. D.M. made the mistake of signing a written consent to let them search his devices. The cops took his laptop and made a copy of the hard drive.

A few weeks later, they searched the copy and found some suspicious search terms in his browser history. But they didn’t find any actual illegal files on the drive.

D.M. got a lawyer, who emailed the cops a week later to withdraw consent to search and ask for the laptop back. But by then, the cops had already made a copy of the hard drive.

The state used D.M.’s browser history as evidence to convict him. But his lawyer appealed, and the appeals court reversed the conviction.

Why Did the Appeals Court Rule for D.M.?

The timeline was key. D.M.’s lawyer withdrew consent before the cops actually searched the laptop copy.

Once D.M. signed the consent form, he gave up his privacy rights. But when his lawyer withdrew consent, D.M. got those rights back.

So the warrantless search, which happened after consent was withdrawn, was illegal. The evidence should have been suppressed.

D.M.’s lawyer acted fast, withdrawing consent just a week after the search. The cops dragged their feet and didn’t search the laptop copy until it was too late.

What Can We Learn from This Case?

D.M.’s first mistake was consenting to the search at all. He gave up important rights he later had to fight to get back.

His second mistake was talking to the cops and signing a consent form without a lawyer present. Never consent to a search without consulting a lawyer first.

But D.M. did something right by hiring a lawyer quickly. The lawyer was able to withdraw consent and get key evidence suppressed.

When Can Police Search Your Home, Car or Belongings?

The 4th Amendment protects us from “unreasonable searches and seizures.” But there are exceptions where cops can search without a warrant:

• Home: Police usually need a warrant to search your home. But a roommate can consent to search of common areas and their own room.
• Car: Police have more leeway to search your car without a warrant, since you have less privacy expectation in a vehicle. But they still can’t search without reason.
• Belongings: Police may search belongings like bags if they have probable cause to believe they contain evidence of a crime.
• Your Person: Police can “pat down” your outer clothing if they suspect you have a weapon. But they need probable cause to do a more invasive search.

In many cases, cops will claim you “consented” to justify a warrantless search. That’s why it’s so important never to consent without talking to a lawyer first.

But What If I Really Have Nothing to Hide?

You may think it’s no big deal to consent if you’re innocent. But there are good reasons not to:

• Cops make mistakes. They may think something is suspicious when it’s really harmless.
• You don’t know what cops will find. Forgotten items, things that look suspicious out of context.
• Even if nothing illegal is found, a search can be humiliating, frightening and invasive.
• Evidence could be suppressed if the search was illegal. But if you consented, then the evidence can be used against you.
• If something illegal is found, you’ll have a much better case if the search was warrantless rather than “consensual.”

So don’t fall into the “nothing to hide” trap. You have privacy rights even if you’re innocent.

What If I’m Worried Cops Will Get Aggressive if I Refuse?

It’s understandable to be intimidated by police authority. They might threaten you or make you wait forever while they get a warrant if you don’t consent.

Stay calm, and don’t worry about annoying the cops. Just politely but firmly keep stating you do not consent to any searches.

If they act inappropriately, get a lawyer and file a complaint later. Don’t argue or resist. Your safety comes first.

Consult a Lawyer Before Consenting!

If cops ask to search your home, car or belongings, say you won’t answer any questions without your lawyer present.

Don’t try talking your way out of it or guessing if they really have authority to search. Make it clear nothing will happen until your lawyer is there.

If they search anyway, keep stating clearly that you do not consent. Get a lawyer as soon as possible after the incident to protect your rights.

Consent searches are a tricky issue. Knowing your rights is important. But there’s no substitute for consulting with an experienced criminal defense lawyer any time police want to search you or your property. Don’t consent to anything without your lawyer’s advice!