If the police or the feds or whoever were to stop me would they be able to search me without a warrant?
When is a warrant not needed?
2006-07-13 15:58:47 · 7 answers · asked by Moses_Santos_ii 2 in Politics & Government ➔ Law & Ethics
If they have "just cause", no warrant is required.
also
normally, if you say NO, and they believe that you do have what they may be looking for, they can, and will detain you, until a warrant is obtained
2006-07-13 16:03:37 · answer #1 · answered by G. M. 6 · 0⤊ 0⤋
The 4th amendment protects us against searches without warrants. There have been a few exceptions carved out of that for mostly practical reasons. (search incident is one - also exigent circumstances, like the evidence would be destroyed before a warrant could be gotten). The obvious time they could is if something is in plain sight (they are walking by your house and you are using drugs on your front lawn).
Bottom line, just if you are stopped on the street, all they can do is pat you down for weapons for their own safety. If you are stopped in a car, they can only search your car if you are arrested for something or if they have to impound the car, they can search it to inventory your belongings so that nothing gets lost.
If they ask for permission to search you, you can say yes or you can say no. If you say no and they have reasonable suspicion that you were doing something that you shouldn't (more than just a hunch) they may detain you until they can get a warrant. If you say no and they don't have a good reason to search and they do anyway, even a bad lawyer should be able to keep the govt from using what they find against you and you should make a complaint to the agency they work for. Cops have lost their jobs for that.
So it's hard to say all the circumstances when a warrant is not needed, there are too many variables. BUT if you are just minding your own business and they stop you, you have the right to say no and they'll need to get a warrant.
2006-07-13 23:42:12 · answer #2 · answered by grim reaper 5 · 0⤊ 0⤋
They need reasonable suspicion that you are carrying/doing something illegal that will cause an immediate threat to public safety to search you randomly. However, in a recent court decision it was decided that police cannot search you based on what you are wearing/how you walk. Um usually a warrant is required when you need to search for evidence as long as it is backed by a belief that a search will find evidence.
2006-07-13 23:03:52 · answer #3 · answered by run like whoa 3 · 0⤊ 0⤋
They can search you whenever they want to.
Hopefully if they find something that you wish they hadn't, a good lawyer will get the evidence ruled inadmissible.
They don't need a freakin warrant, this isn't play-land, cops do what they are paid to do.
Be a good kid and don't give them any reason to search you and you can probably pack whatever you want around with you...otherwise take your chances...try your luck.
2006-07-13 23:07:03 · answer #4 · answered by partout250 4 · 0⤊ 0⤋
An officer can conduct a search of your person (pat down) for his safety and yours to check for weapons. If he was to run across a dime bag of weed, then the search was legitimate and you will be charged.
After you are arrested, you and your vehicle can be searched. (Search incident to arrest)
An officer will usually ask if he can search your vehicle. If you say no, he can call for a K-9 to do a sniff test of the exterior of your car. If the dog alerts on an area, that is probable cause for a search.
2006-07-13 23:12:27 · answer #5 · answered by thin-blue-line 2 · 0⤊ 0⤋
if there is ample susspicion that you may have drugs or people
2006-07-13 23:01:07 · answer #6 · answered by ben s 3 · 0⤊ 0⤋
yes they can,it is call assumption or suspicion.
2006-07-13 23:11:29 · answer #7 · answered by deerwoman777 6 · 0⤊ 0⤋