When I got pulled over the cop immediately searched me, and took all my belongings(or should I say "personal property") out of my pocket. I read that was illegal because they are only supposed to feel for weapons for their safety, and then only pull it out if it is hard and is reasonably mistaken for a weapon. I also remember this from my public safety class. I didn't have anything illegal on me but I am wondering if his search was in fact illegal. (he pulled out EVERYTHING)
2006-09-20 12:43:14 · 21 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
Stop & Frisk Rule (Terry v. Ohio)-- a frisk or patdown of the outer clothing is NOT technically a search, but whenever police restrain a person’s freedom to walk away, a seizure has occurred. To frisk, police must have "reasonable suspicion" (not merely a can’t-put-into-words hunch) and the frisk must be for weapons only, unless under the plain feel exception. Furtive movements, inappropriate attire, carrying suspicious objects, vague answers to questions, refusal to identify oneself, and appearing to be out of place are all grounds for articulable suspicion. This has been extended to roadside stops, luggage, suspicion of narcotics possession (in many cases, also requiring a trained dog to establish probable cause). Often produces evidence other than weapons that come into "plain view", demonstrating the interrelationships among these precedents.
He said I was driving too fast, no radar no nothing wasn't even behind me.
NO WARRANTS I'm just some 21 year old student.
2006-09-20 13:20:38 · update #1
You are exactly right a terry frisk can only frisk you and if they think you have a weapon they can pull that object out. However, if you were speeding, did you get a ticket? you can be searched subject to arrest. Even though you may have gotten a ticket instead of taken to jail, its still an arrest. By the letter of the law they could search you, however I think they are on a very fine line, and maybe taking it too far. You never know however if they might have been looking for a similar vehicle as yours and had to check you out. Im sure it was uncomfortable but for law enforcement to do their job, it might have been necessary.
Also, to some of the above posts, please retake civics. Or try being a cop before ragging on them. Cops have alot on them to make sure you dont get harmed everyday. They sacrafice everything for the public and there family does as well just for you. Sure a few are bad but most are good. How would you like cops to feel the same way about you, that you feel about them?
2006-09-20 14:17:57 · answer #1 · answered by Brian M 2 · 0⤊ 0⤋
If you are legally detained, an officer has the authority to do a quick surface search of the outer clothing for weapons without probably cause. This is also commonly know as a Terry frisk or Terry stop because of the name of the Supreme Court case that established this precedent, Terry v. Ohio. This search is exlusively for weapons and a full search can only be done after the person being detained is formally arrested. If you had some type of contraband on you that the officer found, chances are that the evidence probably would have been found inadmissible in court.
2006-09-20 13:23:52 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Not enough information. Police search people illegally all the time and hardly anyone can make any charges stick. They can say that they asked for your permission to search you and you consented. They can say that you resembled someone that was sought for committing a crime. Apparently all young African-American men look like criminal suspects to some cops and routinely get pulled over for DWB (driving while black).
You do have your facts right, that an officer can pat you down for weapons without giving a reason, but to do a full search, they are supposed to tell you why. The trouble is, there is not really anyone to police the police. Talk to someone from the ACLU. But if you didn't get in trouble or hurt, you may want to save that option for when you really need it. Not that you will ever need it, I'm just saying...
2006-09-20 13:04:06 · answer #3 · answered by anyone 5 · 1⤊ 0⤋
The police are allowed to pat you down during a terry pat down and only if they feel a weapon can they pull everything out of your pockets. Legally.
But we all know that police do what they want to and no one can stop them. Police have a great motivation to violate the constitution and search you anyways.
This is because there is no deterrents against police from violating the laws.
Police should suffer severe consequences for violations of the supreme law.
Police will search you in direct violation of the bill of rights and hopefully they will find some dope, then they will arrest you book you, throw you in prison and if you don't have money for bail you are guilty until proven innocent.
But the police will most likely lie and say that you had the drugs in plain sight or that you gave consent to search.
The chances are slim to none that you will have the evidence suppressed on 4th amendment grounds.
But let's say that you have one hell of a lawyer and you do win on suppression hearing, the police still have won.
It's a win win situation for the police. They had your a.s.s. in prison for 6 months waiting to go to trial, you lost your **** and alot of money fighting it and the police win.
Unless legislation makes some type of consequences for police to do illegal searches, police will continue to illegally search civilians.
Police have nothing to lose and everything to gain from illegal searches. You can't really blame the crooked cops for utilizing this loophole.
But you can lose respect for police by knowing that they break the laws just as much or even more than the criminals.
How can the police sleep at night or even have a clear conscience knowing that the police break the supreme laws of the united states.
Plus a lot of homosexual police probably get a cheap thrill out of grabbing your a.s.s. and nuts when they pat you down.
You need to expose the police in every way possible and make them suffer for their illegal acts.
Don't tuck your tail between your legs and allow the police to get away with this criminal behavior.
Fight them tooth and nail.
Good luck in your retribution.
2006-09-20 18:02:06 · answer #4 · answered by Anonymous · 0⤊ 1⤋
How about letting us know a little more info such as why and where you were pulled over? An officer doesn't have you step out of your vehicle for no reason. Also, I'm sure the officer must have said or asked something before he/she shoved his hands down your pockets. Plus, if you had nothing to hide and are a law abiding citizen that would prefer drugs and weapons off your streets, then be glad the officer is doing the job he/she is doing.
2006-09-20 12:58:30 · answer #5 · answered by suk_on_my_glock 3 · 0⤊ 0⤋
Cops can't frisk you for weapons if he pulled you over! It is Unconstitutional, as is searching your hand bag!
They can't touch you and they can only get probable cause for a search if something,is in plain view! It is not illegal to carry a weapon, unloaded , in plain view, so that isn't even probable cause!
I'd sue them for illegal bodily contact, and I am wondering if they just didn't want to cop a feel!
There is no traffic stop in the world that is probable cause for a body search unless you are wanted for something or waving a gun around!
2006-09-20 13:00:55 · answer #6 · answered by cantcu 7 · 1⤊ 0⤋
They can search you if there is "probably cause". I'm gonna make a guess here. They were not looking for weapons, but for drugs. Am I right? Of course you might not know if you didn't have any and the cop didn't tell you what he was looking for. Probable cause could mean a lot of things. It could be you were driving erratically, resembled someone or were just DWB as they say. I know it's not fair, but it happens a lot.
2006-09-20 12:54:02 · answer #7 · answered by Zelda Hunter 7 · 0⤊ 0⤋
That is always an iffy situation. If he had no cause, then he should not have searched you. If he asked you if he could, and you said yes, even if you didn't know you could say no, permission was still granted. From what you say, something sounds improper, but as in any case, the police officer may have a different take.
2006-09-20 12:47:33 · answer #8 · answered by Speaking_Up 5 · 0⤊ 1⤋
My son was moving back home from Georgia (We're in Arizona.) My husband flew out there to make the drive back with him so he wouldn't have to drive cross country by himself. My son was driving when they got pulled over for speeding. He has long hair and tattoos. My husband is a clean shaven military man. The police thought they were both lying, and chastised my husband for going to GA to drive back with him. (WTH??) They took EVERYTHING out of his car... and he was moving, so the car was stuffed to the gills. They questioned him as to why he had two guitars, and two guitars cases, and suspected drugs were in the guitar cases. (My son is in a band) They were red faced when they opened the cases and found more guitars and not drugs. I think it was uneccesary, but they wasted their time hoping for a drug bust. They were so certain my son was drug running. I guess they can search anyone with probable cause.
2006-09-20 12:57:12 · answer #9 · answered by AzOasis8 6 · 0⤊ 0⤋
Depends on what you were pulled over for. And if they had probable cause to search you. If they suspect you of doing something illegal, or they get you in a neighborhood that is notorious for drug activity, then YES. They can empty your pockets.
2006-09-20 12:46:04 · answer #10 · answered by Anonymous · 0⤊ 0⤋