If a cop wants to search your personal belongings (backpack, etc), do they need to have 'probable cause'?

Question

And if so, what exactly consititutes probable cause anyways? If i was walking down the road at 1 oclock in the morning (theres no curfew here or anything), would that be suspicious enough that a cop could just stop me and search my bag?

im a teenager, if that would have any bearing.

Answer 1

Yes they need probable cause.

If you ran, or tried to avoid them, that gives them probably cause.

Otherwise you can simply say no thank you.

In most places, the curfew is about 10pm for a non-adult. Are you sure there isn't actually a curfew there?

Answer 2

Probable cause to search can be a wide range of things, such as a description of a suspicious person and so forth or perhaps there have been other crimes in the area at that particular time.
A lot of times an officer will stop and talk with someone like yourself to see what youre doing at that time in that area and to get a really good look at you, maybe identify you then and there for later reference. Then depending on their feelings to your responses they may decide that they want to search your bag. You have the right to tell them no. At that time they can "pat search' you and hold the outside of the bag "feeling" to see if you might have a weapon, but if you tell them no they cannot search then you cannot be searched further without some other more concrete reason...
Good luck, I hope this helped to answer your questions.

Answer 3

There are a lot of "Ifs" in your question. Every state is different. In the state I am in, first off...Curfew Sun-Thursday is 10pm and Fri and Sat. is 11pm. So, If you are arrested for curfew violation, they don't need your permission to check your belongings. Anything that is in the, or was in the area (vehicle) of your immediate control is subject to be searched due to "Search incidental to arrest.".
Other factors could be involved in them searching your belongings. Say it is not past curfew, but you are in an area that has just had a few burglaries or thefts.....There is this thing called a "Terry Stop". Which gives the officer the right to ask questions, pat down for officers safety and possibly check your belongings if he believes you are about to, in the process or have just committed a crime.
Hope this helps. Understand that you may feel like it is a violation of your privacy, but remember that when you are in the public, everyone elses safety is to be protected just the same as you would want yours to be.

Answer 4

searching on the state your in maximum police automobiles have video kit operating even as the lights and siren are on, both or genuinely, it truly is particularly uncommon that a police officer will make up likely reason, yet certain there's a likleyhood that you'll if a rougue cop. not all law enforcement officials are the way people imagine they are, do not forget that once they arrive as a lot as your vehicle they don't recognize if you're armed or in case you at the prompt are not it truly is a ability which won't be able to learn to evaluate a difficulty that immediately, if an officer feels that there is due reason to seek they could seek for searching on the state, for instance in Florida you're required to take a breathalizer attempt if requested via a police officer even as pulled over if not you flow to reformatory. it truly is interior the clause you signal to get your DL in case you experience you've been carried out incorrect i might want to signify hiring an atterney and compelling the court docket accessible the images from the police unit over for evaluation and if you're interior the right it would want to be extra to user-friendly....

Answer 5

Here's the catch to WalterJ's response. You can say no. However, upon being detained, an officer can conduct a cursory pat down of the outter clothing for the purpose of detecting dangerous or offensive items such as weapons, etc. So, lets just say you decide No...the officer pats you down and feels a cigarette lighter in your pocket. That gives him the PC he needs to go into your pocket physically. Here's how..."As result of a cursory pat down of the outter clothing, I detected an item that, in shape and size was consistent with a folding blade pocket knife. For safety purposes, the item was retrieved to be secured during the interview." And, once PC is discovered to go into one pocket, all are now fare game.

Answer 6

In general they have to have probable cuase to stop you.
They can drive up and say hello, ask you thier name.
( each state varies on what you are required to answer.

Now as a teen depending on your age, you could be in vioilation of a curfew, which would allow them to arrest you, if they wanted and to go though your bag at that point.

But if you are out at 1 am in the morning, the area of town you are in, the way you are dressed, the way you are walking and all of that.

for example at 1 am on a college campus, may be alot of 18 year olds all over the place, but if you are in a residentual area and the officer does not know you as living in that area. They may stop you.

If you meet the general look of a know criminal in the area.

Answer 7

No, they can't look in your bag unless they have reasons to believe their's something in there: drugs, weapons, etc. Example: they got a call for a guy who showed or used a weapon or who offered drugs, etc and who has your description.

They could also search in it if they need a prove of your name and address to give you a ticket.

Answer 8

No. If a police officer wanted to search your back pack and you said "Sure thing. Go ahead and search."

The officer would not need "probable cause". All he needs is your permission.

Answer 9

They don't need a reason,because they will just make one up.

Answer 10

well first of all you are walking at 1:00am, i would search you too.