If not can they search your belongings? If so, This is applies when , any time , or when your already gonna be arrested, , I am speaking from a traffic point of view
2006-08-26 19:10:50 · 5 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
Different search rules apply in different situations.
The simplest form of search (aside from plain sight observation) is called a Terry Frisk. This is a pat-down of the outer clothing looking for weapons or contraband. It requires only "reasonable suspicion of being armed and presently dangerous" (per the US Supreme Ct.)
A police officer can also search you incident to a lawful arrest. Not just any arrest, a lawful arrest. And that requires "probable cause to believe a crime is being committed or will be committed very soon". Probable cause is a higher standard than reasonable suspicion, but allows for a more in-depth search.
A vehicle can also be searched if the officer has probable cause, including most areas in the passenger compartment. This type of vehicle search is independent of whether an arrest is made.
An officer can also search you if you have given consent, including implied consent as a result of being in certain situations. For example, entry into a prison visiting room usually implied consent for a search. Check your local listings.
There are other exceptions, but the general standard for a public search is probable cause.
2006-08-26 19:15:12 · answer #1 · answered by coragryph 7 · 0⤊ 0⤋
What planet are you from? Any police officer anywhere has the right to do basically what he wants. For example, If he thinks you are a threat, or on drugs, or 100 other things he can cuff you, search you ,hold you etc. and this does`nt even bring in national security issues. The laws are written to protect him, not you. That does`nt mean to say you can`t beat it in court, But the damage is allready done.
2006-08-26 19:27:59 · answer #2 · answered by Anonymous · 0⤊ 0⤋
I'm not sure about in Ca. but in Missouri an officer can search a person that has been arrested or if that officer has a reasonable suspicion that there maybe something illegal in the veh. i.e. he can smell marj. or he can see diff. products that are used in the making of Meth. also if anything illegal is in plain sight, he can search. But again that's in Mo. not Ca.
2006-08-26 19:18:55 · answer #3 · answered by smoothsophie 3 · 0⤊ 0⤋
They can do pretty much what they want to do....
2006-08-26 19:16:36 · answer #4 · answered by Anonymous · 0⤊ 0⤋
No, it's not true!
2006-08-26 19:16:54 · answer #5 · answered by Anonymous · 0⤊ 0⤋