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31 answers

Yes they are allowed to search you if they have just cause. If you are acting suspicious etc. Never heard of "stop and search"?

2007-01-04 03:52:07 · answer #1 · answered by OriginalBubble 6 · 0 0

Are the police allowed to search you even against your will? The answer is obviously no, because rational people do not others to do anything against their will. Let's set a few facts straight here: Consent does not imply desire, or in other words allowing the search (your will) does not imply wanting the search (desire). The police can search you only if YOU allow them to, unless they manage to overpower you by force.

Most people are answering this question as if you asked, "Can the police legally search you against your will?" Their answers are very good, in general, except for the fact that they deviate from the question and some of them include some crap about innocent people having nothing to hide or fear from a search. Sure guilty people have everything to fear and hide, but the converse of this statement is only true about violations of the law. Innocent people should fear unjustified searches because it sets a precedent of unrestrained police powers and remove the protections of the constitution on all of our other rights.

For example, consider an important speaker making an important speech before a very large audience being searched on the stage without warning or justification. Consider a family having dinner when an officer comes to the door to search the father, or even the house, without reason, perhaps even every night. Even if reason is required for a warrantless search, should the speaker and father consent every time simply because they believe to be in harmony with the law? And if, a well-loved and famous person, for instance like Bill Cosby or even his entire audience too, receives a police request for a search without reason or warrant during a comedy show, and he/they decline (at least until after the show), is it right for anyone to assume that they are guilty of violation of the law or hiding something bad? This is a very bad philosophy and precedent for law-abiding citizens to allow searches without reason or warrant.

Now if they have reason or warrant, and not your desire, for a search, then the law justifies them in a forceful search, including arrest and detention, and it holds you at fault for any resistance to the search. You might say that the law allows them that power in those circumstances, but ultimately you must either allow the search or resist to the death, at which time the police would be "allowed" to search your corpse, given a lack of resistance by the same

2007-01-04 13:35:42 · answer #2 · answered by Andy 4 · 0 1

Assuming you are in the US, I don't see a right answer here except for law138. The police cannot search you just because they want to (unless you have given previous consent, which is often required as a condition of probation or parole).
If the police can lawfully detain you (i.e., they have a resonable suspicion of criminal activity), then, if they also have a reasonable belief that you are armed and dangerous, they can "frisk" or "pat down" for weapons, under the US Supreme Court case of Terry v. Ohio. They cannot search for contraband, but if they feel something they know is contraband or a weapon by feeling it (without manipulation) they can seize it.
If the police can arrest you (i.e., they have probable cause to believe you committed a crime), then they can perform a full search incident to that arrest, including pockets, purse, etc.
If you are going into the jail or other custodial facility, they can perform a complete booking search, including body cavities, etc.

2007-01-04 14:30:28 · answer #3 · answered by Anonymous · 2 0

They can not do random stop and search. But if you are being held for something. Example a traffic stop and you are acting suspicous then yes they can. The reason is because with every confrontation an officer does put his or her life at risk. They are not searching you to find illegal substances unless they have just cause. For the most part it is for weapons.

2007-01-04 11:55:53 · answer #4 · answered by logan 5 · 1 0

the police are allowed to stop and search anybody,at any time day or night,most of the time they will only search you if they believe you are acting up .and if you refuse they can even take you to the police station and do a full strip search,they dodt often stop people for no reason and search unless a crime has happened near you.

2007-01-04 12:00:36 · answer #5 · answered by Ally S 4 · 1 1

Under some circumstances, yes they are. They cannot just randomly search you for no reason. If you are arrested, you can be searched. If there's a crime investigation and you are involved in such a way that your presence might threaten the officer's safety, they can search you for weapons for their own protection.

2007-01-04 11:54:14 · answer #6 · answered by RangerEsq 4 · 0 0

If you're in the Uk, then yes, of course they can. If they think youhave something on you that you shouldn't then they can search you. If you're innocent, then it's all good and you can go on your way. It's better to be searched and then sent on your way if the search is negative, than to refuse. A search is merely to confirm or allay suspicions.

2007-01-04 13:55:16 · answer #7 · answered by THE BULB 3 · 0 0

yes the can if the can articulate a good reason to do so, like you were leaving a known drug area and your actions led then to believe that you had made a purchase. Of if you are on probation or parole then they can search you just because they want to.

2007-01-04 14:23:27 · answer #8 · answered by Coconuts 5 · 0 0

If they have a search warrant yes other than that they are supposed to ask for permission, at least thats how it is down here in Fl and I had no idea until I went to a Prepaid Legal Presentation and they told us.

2007-01-04 11:57:21 · answer #9 · answered by just curious 3 · 1 1

Basically, yes. They must have a suspicion, either you are in possession of 1. drugs or 2. a weapon. or 3 stolen property. If they have that suspicion they have the right to search you without your consent and it is an offence to obstruct that search.

2007-01-04 12:02:35 · answer #10 · answered by Anonymous · 2 1

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