my roomate is telling me for weapons charges in your past any cop can use it to search you even if its 15 years later
2006-07-08 06:05:54 · 12 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
No. you're still protected against illegal search and seizure. The officer has to have eithe a warrant or probable cause to search you. Past convictions don't constitute probable cause.
2006-07-08 06:10:37 · answer #1 · answered by DOOM 7 · 0⤊ 0⤋
If you are talking about searching just the person, yes, the police can always do a pat-down search for weapons. That is an officer safety issue. Especially if the person has been arrested on weapons charges in the past.
The police cannot search your vehicle or your house without consent, probable cause or a search warrant.
2006-07-08 08:35:50 · answer #2 · answered by Michelle O 6 · 0⤊ 0⤋
no, it doesn't. Your roommate, if he feels so passionately should go ahead and look up the specific law. The police, can however, search with probable cause, which could be anything from "suspicious activity" to a strange rotting odor. So if he gets/has gotten arrested, will he get searched, maybe, but not soley because he was arrested on a weapons charge.
And it would be absolutely silly for a single crime(especially one as relatively benign as a weapons charge) to follow someone aroudn the rest of their life. 15 years.....? You could probably be sent to prison, get out, do parole, and even after that you think it would be right for them to be able to just completely ignore your 4th amendmant right? How very American of you.
2006-07-08 06:14:06 · answer #3 · answered by invrslyproportnl 2 · 0⤊ 0⤋
Yes The "search" is what is called a preventative sweep or pat down. The idea is if the Cops run you and you have a weapons conviction in the past, they are concerned that you may have a gun again, therefore they get to pat you down to check. A pat down though does not allow them to strip search you or search your house or car (unless you were stopped in your car).
2006-07-08 06:23:15 · answer #4 · answered by Anonymous · 0⤊ 0⤋
I don't believe so. They can monitor your actions. But without suspicious activity I don't see how that is constitutional. I don't know what the laws in your state says about that but if they don't allow for free searches at any time you could even have a lawsuit for harassment (again I don't know your state laws). They CAN NOT however search your property (house/car trunk) without a search warrant. Hope that helps.
2006-07-08 06:11:23 · answer #5 · answered by Drew 2 · 0⤊ 0⤋
I think it should give the police the right to search you every time. What were you doing hunting deer in the middle of Chicago? Thats just ignorant.
2006-07-08 06:08:31 · answer #6 · answered by happydawg 6 · 0⤊ 0⤋
they have to produce a search warrant with probable cause that you have weapons in your possession. if you have a weapon's charge that old, i wouldn't worry unless you are in poss. of a piece!
2006-07-08 06:10:31 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Search and seizure.......I don't think that would be very fair to have them search you for the rest of your life......I don't think they have the right to.......everybody has the same rights....I think :)
2006-07-08 06:09:31 · answer #8 · answered by nicoleofun 2 · 0⤊ 0⤋
It's called probable cause......If you get pulled over for anything and your license is run and comes back fellon...all that's needed!!!
2006-07-08 06:11:19 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Are you referring to the U.K or the U.S.A. ?
Search and seize laws vary..
2006-07-08 06:08:40 · answer #10 · answered by Richard B-H 2 · 0⤊ 0⤋