Yesterday, the Maine Supreme Judicial Court issued a positive significant decision on the law of search and seizure. The case, Maine v. Sargent, involved a police search of a shaving kit in the passenger area of a car. The police claimed that the driver had given permission for the police to conduct the search, while the driver claimed that he only gave permission for the police to search the car but not all the closed containers within the car. The case is significant for two reasons: it reminds us all of the Fourth Amendment's protection against unreasonable search and seizure; and it also reminds us all of the importance of being very clear and direct in dealings with the police, lest they misconstrue your assertion or waiver of your right to privacy.
It is difficult to be assertive with the police. We are taught for a very young age that police officers deserve our respect--and they do. But unless we are willing to be assertive about our rights, we run the risk that they will be ignored or deemed waived. A very common question from the police in the couse of a stop is, "Mind if I look in your car?". A perfectly respectful, reasonable response is, "Am I legally required to allow you to search my car?" If the police have a warrant, or emergency justification, they may answer "yes," but if the answer is "no" it is up to you to decide what the police are allowed to search.
The Law Court issued a Fourth Amendment decision a few months ago that we liked considerably less. We are very pleased that, in this case, the Law Court unanimously stood up for the Fourth Amendment rights of those accused of crimes.