when are cops suppose to do a body search?

Question

a little argument between some people here. a friend was caught walking across railroad tracks when the bars were down and claims that he was body searched after being asked if he had told them he had a criminal record. I think he's lying. Who's correct?

they came up to us asked us what we did wrong we told them we didnt know they told us what we did wrong. they asked us if we had any criminal reord. we arentstupid. we dont lie to cops. he told them first. yes. we do have records. so they went straight to him cuz, as most people know, men tend to be more open to violence than women so they searched him and asked him if he had any weapons on him etc.
if you dont believe that maybe you should try to go out and get the police's atttention and see what they do to you.k?

what she said. oh and she's not really a friend.

Answer 1

The police are allowed to do a pat down any time they have you detained for any reason.
It is for their safety.

Answer 2

This is the same in every state; law enforcement can not perform a terry search (search of the outer portion of the clothes) for no reason. If your friend says simply because he admitted to having a criminal record he was searched, I would ask more questions. What was involved in the conversation leading up to his admitting that. Why was he asked? Unless he was being detained there shouldn't have been a search at all, not even in he was simply put in the back of squad car. I don't agree with it, but even the argument of "officer safety" is going to hold up in court if something illegal was found on him. It's ridiculous that officers can place someone in the car who's not handcuffed or in custody in any meaning of the word and not be able to first check the individual for weapons.

If your friend was being arrested or detained at the time a terry search will be performed. That is to ensure no weapons or illegal items are brought in the car. It's still only an outside search of the clothes. If the officer can articulate the feel of something illegal, for example and marijuana pipe, the officer can take it out of the pocket or area found. Body searches are performed in the jail when the in custody party is changed out the clothes they wore in and put into a jail uniform.

I'm guessing there is more to your friend's story.

Answer 3

They may have patted him down since he was at a time and place where a pat down would not be unreasonable. Terry is not a full search but a pat down for weapons and items believed to be a weapon. I don't think the officers would have a hard time articulating why they patted down a subject walking on the tracks in the middle of the night. Searches usually occur incident to arrest.

Answer 4

He may have had a Terry search performed but he would not have had a body cavity search done down by the tracks.

He would've been taken to the area jail and searched there. Body cavity searches are performed when an arrest involving drugs indicates it's necessary.

Answer 5

I dont think police do a body search unless there are drugs involved. And, I think it has to be certain drugs and under certain circumstances. Perhaps this friend of yours had been busted for meth or crack or cock before and the police had reason to believe he had it on him again (hence him walking down railroad tracks...not very smart). They would body search him if he didnt volunteerily give up the goods

Answer 6

Body search? Are you talking about a body cavity search? Or just search his person, like pat him down and search his pockets? Body cavity search, oh yeah, he was lying or the cops were naughty.

Answer 7

If the cops ask him to empty his pockets and he doesn't or if they arrested him they could search him. They can also look if they thought he put something into his pocket.

Answer 8

the cops r lying

Answer 9

When they think you might have something hidden in your wrong'un