If a police officer/s wants to search someone whom they suspect are carrying(in poccession of ilegal drug's) but the person is sat in a vehicle can that officer/s use REASONABLE FORCE to remove that person from the vehicle to search them for ilegal Drugs?(if they refuse to co-operate?or refuse to get out of the vehicle?
2006-10-30 09:27:38 · 16 answers · asked by ASHERS 1 in Politics & Government ➔ Law & Ethics
You have to get out of the vehicle if asked, but you cannot be searched without agreeing to be searched, unless material has already been found. They may go ahead and search without your consent, and arrest you, but you can argue illegal search and seizure in court.
2006-10-30 09:30:10 · answer #1 · answered by Anonymous · 1⤊ 0⤋
An officer can only use reasonable force in an extreme case if someone is refusing to submit to a search and seizure and the officer does not have a warrant the best thing to do is say you can search my car as soon as my attorney is present. I don't recommend sitting in the car and refusing to leave because you have rights and the person to stand up for those rights is your attorney. No officer can use force on a peaceful objector. If they do a call to IA would fix that pretty quickly.
2006-10-30 17:35:14 · answer #2 · answered by rabidchipmunk 2 · 0⤊ 0⤋
The officer will first ask the occupant (possibly in possession of illegal drugs) to please exit the vehicle. The officer is able to ask this if he or she suspects anything suspicious. If the person does not comply then the officer can bring the person out of the vehicle by necessary force. If they continue to resist the officer can also arrest them.
Only an idiot would resist an officer under such conditions. If you are not breaking any law you should have no reason to be afraid. Criminals will fear officers than law abiding citizens.
Remember, when addressing an officer his only name is Sir.
2006-10-30 17:34:36 · answer #3 · answered by You Ask & I Answer!!! 4 · 1⤊ 0⤋
IN England and Wales - yes. s.117 Police and Criminal Evidence Act 1984 (PACE) allows the police to use reasonable force to conduct a search under s.1 PACE.
A s.1 search is a search, usually in the street, for certain articles / illegal substances. There are various rules with which the police have to comply, all of which are clearly set out in the link provided.
My advice - co-operate with the police and we will usually co-operate with you. We have a job to do and most of us just want to do it with minimum fuss / bad feeling all round.
Take care!
2006-11-01 17:22:31 · answer #4 · answered by Hilary Y 3 · 0⤊ 0⤋
If you refuse to get out of the car then the officer will probably arrest you and if that means reasonable force then you got your answer
2006-10-30 17:34:35 · answer #5 · answered by Yondernine 1 · 0⤊ 1⤋
Sister Margaret hid a joint once in her habit. The cop let her go with 5 Hail Marys and 3 Our Fathers.
2006-10-30 17:30:28 · answer #6 · answered by Anonymous · 0⤊ 2⤋
Police can do whatever they please and doctor the report later. It would be best to remember that. Lots of people have had things done to them by Police Authority, that they didn't think they had a right to do.
2006-10-30 17:30:39 · answer #7 · answered by Raymond 6 · 0⤊ 1⤋
Which country?
2006-10-30 17:29:06 · answer #8 · answered by Older&Wiser 5 · 1⤊ 0⤋
Reasonable force, yes, I would think so.
Then again, if a person is innocent, why would he refuse to be searched?
2006-10-30 17:33:59 · answer #9 · answered by simon2blues 4 · 0⤊ 2⤋
yes police do have the right to search your stuff, only if they have information that you have drugs.
2006-10-31 16:38:52 · answer #10 · answered by Anonymous · 0⤊ 1⤋