“If you have nothing to hide, why not let us take a look?” It sounds friendly enough, right? You’re pulled over for a minor traffic infraction. The officer, for whatever reason, decides that they’d like to take a peek in your car, and they ask you politely. When you respond that you don’t have anything illegal on hand, the police officer poses the question above. John Cannon, a defense attorney in Oklahoma, warns drivers that the phrase is anything but genial, and points at the officer’s lack of probable cause to justify a vehicle search.

It’s an (illegal) tactic police might use to sidestep a lack of probable cause

“They’re admitting an illegal trick.” Cannon explains that if cops say something like, “If you have nothing to hide, why not let us take a look?” they’re revealing that they likely lack probable cause to search your vehicle without a warrant.

Instead, they’re pressuring you to consent to a search. “This is a subtle manipulation tactic designed to make you feel guilty or defensive for asserting your rights,” Cannon says.

Respond calmly and assertively:

“I don’t consent to searches and maintain my right to privacy.” 

Cannon advises that this statement is firm, respectful, and clear. “It reminds the officer that wanting privacy is not suspicious or illegal,” he explains, “It is a fundamental right.”

Now, if while speaking to you, the police officer discovers something that justifies probable cause, that’s a different story. This might include items left in plain sight, signs of intoxication leading to an arrest and vehicle impoundment, or smelling illegal substances.