Because often times they end up finding something else, like drugs. So when they say "Okay can you turn around for me" can you say "No" or whatever? Like basically "Well if I have a weapon that's a risk you're gonna have to take cause I don't want you to search my person." ?
2007-03-16 21:42:13 · 16 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
Ok- if you are just walking around the mall shopping or whatever and they stop you and say "hey I want to to search you..." no- they cannot.
However, if they believe you have committed some sort of criminal infraction, they need to search you to ensure their own safety as well as the safety of others around you. You don't have a choice there.
Safety is the number one concern for all parties above all.
2007-03-16 21:53:45 · answer #1 · answered by Anonymous · 0⤊ 1⤋
An officer can search you:
1.) with your consent. If he is investigating an altercation he may ask you for this. If he offers to give you a ride, you won't get into his car if you don't let him.
2.) search incident to arrest.
3.) Probable cause. This is called a Terry stop, from the US Supreme Court decision Terry V Ohio. The officer has to be able to articulate that he had probable cause that you had committed a crime, were presently committing a crime, or were about to commit a crime (like being in front of a bank with a ski mask, etc).
For a consent search anything goes, anything suspicious in your pocket can be manipulated and removed for inspection by the officer.
For a PC search, it is strictly a weapons search. The officer can only further manipulate and extract items that may be a weapon. That doesn't mean an officer can't legally find other contraband during this search. Cigarette lighters are hard to distinguish from a pocket knife in a jeans pocket. If there is a baggie in the same pocket it it will probably come out too.
If you are doing nothing else wrong at all, and the officer sees what maybe a weapon (suspicious bulge) in your clothing; he can search you.
If you ever find yourself in a situation where a police officer begins giving you instructions like telling you to turn around, etc. You don't know what he knows, if he has enough to justify his actions and you don't know about them, he may take a hold of you and force you to comply with his instructions. You should try to cooperate, if you haven't given him permission then you can argue that point later and maybe get that evidence suppressed.
2007-03-17 09:08:59 · answer #2 · answered by Kevin 6 · 0⤊ 0⤋
There a few ways an officer can "search" you, one is with your consent, another is a protective pat down for weapons if he feels something in your pocket that has the consistency of say marijuana is a plastic baggie he can reach in that pocket only and remove it. Or if he feels a pocketknife he can remove that from the pocket it is in and while in there feels a baggie or pipe can remove that as well.
A protective frisk would be used in a situation that you are detained and not free to to leave but are not under arrest. The courts allow this so a weapon is not pulled on the officer. In this situation you do not have the authority to refuse. It is less invasive than a search but with experience can be just as productive.
2007-03-17 05:14:59 · answer #3 · answered by dude0795 4 · 1⤊ 0⤋
If the officer believes there is a safety concern for himself and others, he can check you for weapons. He is not required to have your consent so if he (out of politeness) asks to check you for weapons and you say no, two things are going to happen. one, he is going to check you for weapons. Two, you are probably going to be charged with resisting. Technically by you telling the officer that he is going to have to risk wether or not you have a weapon, you are on the verge of assault which means that you are conveying a threat against an officer. Why don't you just stay away from drugs and you won't have to worry about being checked for weapons.
2007-03-17 06:10:01 · answer #4 · answered by dadof7n2001 4 · 0⤊ 0⤋
It depends on the situation. If you are under arrest, no, you cannot refuse. The phrase "Can you turn around for me?" is the officer attempting to be polite. They have the right and the duty to check someone for weapons to ensure the safety of themselves and others around them. They take the risk of someone having a weapon and using it on them when they get dressed for work. When someone is being detained, or arrested, or they have an order for search, they do not need permission.
2007-03-17 04:51:52 · answer #5 · answered by Chelle Belle 2 · 1⤊ 0⤋
The person who said there must be probable cause is wrong. An officer only has to have what is called "Reasonable Suspicion" to search someone for weapons or drugs. If you Deni the search he can then place you under arrest for "resist, obstruct, and delay" and then can search you incident to the arrest.
2007-03-17 09:20:57 · answer #6 · answered by mcnppo1 2 · 0⤊ 0⤋
The Officer can do a simple "Pat Down" of your outer clothing, with only Reasonable Suspicion, which was how the whole "Terry Pat Down" thing started. Terry V. Ohio was the case if you want to look it up on the net. As far as the search goes, the officer has to have Probable Cause to search you. He can't just walk up and say "I am going to search you" Hope that helps some.....
2007-03-17 06:41:18 · answer #7 · answered by Ted 2 · 0⤊ 0⤋
yes they have a right to "frisk" and check the area around a driver in a car or the area a person is sitting at for weapons on what is called officer safety
For the weapons on your person, if not under arrest they can only pat you down. If they feel something that may appear to be a weapon they can check what it is
2007-03-17 12:03:21 · answer #8 · answered by Anonymous · 0⤊ 0⤋
To frisk someone for weapons or to search someone for contraband are two different things.
You don't need consent or warrant to frisk. - Officer safety issue-
Now, if the officer want to search you ....well that he can't without PC of your consent.
The frisk is the outer clothing only, they have no right to reach inside your pockets or pull things out. However if he notices something suspicious and his reasonable suspicion rises, he can further investigated and build his probable cause.
No use to resist, cause eventually he'll get what he wants ...one way or the other.
2007-03-17 05:36:21 · answer #9 · answered by pete 2 · 0⤊ 0⤋
You're going to fault an officer for wanting to make sure you're not armed? As far as I know the only other options for him are tazar and his own service weapon. Would you rather him use those?
Quit the drugs buddy. Then you won't have to worry if he searches you for weapons.
I believe he can pat you down for weapons if you're acting squirrely. And they can cuff you even if you aren't under arrest......
2007-03-17 04:51:51 · answer #10 · answered by Anonymous · 2⤊ 0⤋