Do police have the right to check your pockects when walking on the street?

Question

topic^

Answer 1

Yes, if they have probable cause. If they are questioning you, they can search you for their safety. They must have probable cause AKA a legal reason for doing it (which for the record they will have) Most depts have stop and frisk cards that they must fill out detailing why you where stopped.

Answer 2

Not without a warrant! if they try, haul them off to court. That is flagrant disrespect for the law.

If one asks to search your car, they have to have a warrant unless you permit them to. So if you don't want to spend forever at police checkpoint, ask them for a warrant. They'll try the we don't need a warrant' routine, but they do, and if you know you're rights, then you're fine.

okay, I'm editing this to clarify, as I've gotten a few e-mails.

probalby cause is different. Unless walking on the street makes you look suspicious (If you look lie you're casing a joint or something) It is an unreasonable search, which the constitution protects you against. However, If you are acting suspicious and the cop has reason to believe you might be in violation of the law, they can search you with reasonable cause. It doesn't even have to be probable. That is a reasonable search, which the constitution does not protect you from. However, If, as the question suggests, you are just walking down the street, It would probably be unreasonable, and thus illegal.

to the people who e-mailed me (If indeed you read this) I was not making a statement about the law in all cases, just the case posed in this question. Hope that clarifies things.

Answer 3

It depends on the situation. See Officers can not conduct random searches of individuals. This violates your Civil Rights. However if an Officer has reasonable suspicion, the belief that that actions of people, person or situation they are involved in, might lead up to a criminal act. Officer are allowed to conduct what is considered a Terry search. This search was established by the Supreme court when a Detective noticed three subjects near a business. Due to his training, experience and the fact these men matched a description of subjects who were performing robberies in the area, he was able to argue that the his search of the exterior of their clothes was allowed. when he conducted this exterior search he felt what he described was a weapon. This allowed him to search further since carrying a concealed weapon is illegal with out a permit.

Second way Officers can search your pockets is with probable cause. If an officer sees you put something illegal in your pockets or knows it is there he can search them.

Third officers can search when they have made an arrest. This is either through their own charges or with an arrest warrant.

Finally if you give consent then they can search.

Hope this helps

Answer 4

O.K.! I've read some of the responses to your question and I've
got to tell you People you need to study your 4th Amendment of
the United States Constitution. Now, I'm not a Lawyer but, due to recent events, I've had to study on some of this very subject and
this is what is written in the Goergetown Law Journal (2005) Ed.
" QUOTE " ; from page 37,38,& 40.cited as:
34 Geo. L.J. Ann. Rev. Crim. Proc. 37,38,& 40 (2005)::
" WARRANTLESS SEACHES AND SEIZURES "
Under the 4th Amendment, every seach or seizure by a government agent must be reasonable. In general, searches and seizures are unreasonable and invalid unless based upon probable cause and executed " pursuant to a warrant ". However,
certain kinds of seaches and seizures are valid as exceptions to the probable cause and warrant requirements, including investigatory detentions, warrantless arrests, seaches incident to valid arrest, seizure of items in plain view, searches and seizures justified by exigent circumstances, consent searches,
searches of vehicles, searches of containers, inventory searches, border searches, searches at sea, administrative searches, and searches in which the special needs of law enforcement makr the probable cause and warrant requirement impracticable. See Now: INVESTIGATORY DETENTION OF PERSONS';;
A seizure occures only when a reasonable person would not feel free to terminate an incounter with police. The Court emphasized the importance of balanceing " the need to search
(or seize) against the invasion which the search (or seizure) entails" to determine whether a search or seizure is lawful. See; N. 106. Pursuant to; Terry v. Ohio, 392 U.S. at 21; See Also;
U.S. v. Arzivu, 534 U.S. 266, 273(2002); (" the Fourth Amendment is satisfied if the officer's action is supported by reasonable suspicion to believe that criminal activity ' may be afoot'"). I hope this helps GOD BLESS/GOOD LUCK
P/S: This is straight out of the above mentioned journal******

Answer 5

NO! But they will try to intimidate you into thinking they do. They also can NOT search your car if you say 'no'. Without probable cause (an obvious view of something illegal in plain sight; open bottle of alcoholic beverage, a bag of pot on the seat, a joint stuck over your ear, you're drunk), no search can be legal without a warrant specifically stating what they are searching for, where they are searching, and why. Illegal search and seizure is against several of the Bill of Rights and Amendments of guarantees against such actions.

Answer 6

Yes.
We have a "pocket-checking task force" out every Saturday night.

Seriously, if the police can articulate that they have probable cause to stop you and search you, they will do it. If you aren't doing anything wrong, then you have nothing to worry about.

Edit: The police do not need a warrant. They only need to have probable cause. In every arrest report, probable cause for any stop and search must be included in the report.

Answer 7

Technically no, it is against the constitutional right of unreasonable search and seizure. But the catch is, they are the ones who have the latitude to determine what probable cause is, so in reality, the answer is YES.

Answer 8

No the police do not have the right to go in your pockets at any time.The police are not allowed to do anything without a warrant.
Unless they feel their is a danger that is imperative to the safety
of the public.

Answer 9

yes depends on the situation , but a landmark case
terry vs ohio gives police the ok to search for weapons. so if they find something on you even if you are walking.

Answer 10

I don't know, what do you carry in your pockets? Afraid they will find car keys or something else?