does a police officer have the right to search if you are?

Question

parked at a gas station your boyfriend is inside buying a candy bar and you are in the passengers seat sleeping

Answer 1

No. In the situation you described, this is a violation of your civil rights and an abuse of police power. Maybe you're an "it" girl, and the cop just wanted to scope you. Get the badge number and file a complaint.

Now, on the other hand, you might have left out important stuff that would've given the cop "probable cause" or at least "reasonable suspicion" that makes a search valid. Things like:

1) Your car resembled a stolen car. Or was actually a stolen car.

2) You resembled a missing person. Or are a "missing person".

3) Your boyfriend actually stole the candy bar or gas.

4) The car you're traveling in was reported as having stolen gas at that station before.

There has to be some kind of evidence of some kind of wrongdoing that has been committed or is about to be committed to justify a search. If not, the cop was wrong. Even a Terry stop-and-frisk means you looked like you were up to no-good, not just sleeping.

Skylor Williams

Answer 2

You provide very few details to provide for a GOOD answer but here goes.

An officer has the right to approach anybody. Moreso, he has a right to approach anybody that may be in distress or appear to be acting in a suspicious manner.

In your case, the engine is running and what may have appeared to him initially is someone "ducking" out of sight to avoid detection.

I know this MAY sound a bit like a "stretch" but it seems possible.

The officer also could have been walking to the store and saw you thinking you were in need of medical attention or intoxicated.

No matter how you look at it....I strongly suspect he had reasonable suspicion to further investigate.

As for the search...if there was consent...yes. If there was a legally articuable justification under "exigent circumstances" that something was amiss...yes. If he had NO probable cause...I'd say no! That's IF you are talking about the car being searched.

However, he DEFINITELY has a right to have you dismount the vehicle and search you for weapons. This is known as a "Terry Frisk." It is perfectly legal!

At least he found you to be OK and not some abducted missing person.

Best wishes.

Answer 3

Frisking you and doing a search are two different things. A police officer has the right to frisk you for any possible weapons. A search is different because it involves searching inside something, like your pockets, handbag, and inside a car. An officer must have reasonable cause to search. This can simply be, he was suspicious you were under the influence and needed to search the vehicle or your person for possible drugs or peraphenalia, suspected you were in possession of weapons, or you were suspected of being involved in a crime.

If you were frisked, then it was for safety reasons. If you were searched, and feel either of these were misconduct, you should report it immediately to the police department or Watch Commander.

Answer 4

Its been my experience that cops can pretty much do what they want. Ya don't say how he searched or if he searched you or the car or both. If you were simply parked with the car shut off. I don't think he should have searched anything. He could just have tapped on the window and asked you if you are alright(if that was his concern). He then would be able to tell if you were drinking or high. Then he would have had probable cause.

I've been around awhile and unfortunately have learned not to trust very many cops. In this day and age just because they are wearing a uniform does not mean they aren't dangerous. If I was by myself I would wait until someone else came before I opened my car door to any stranger. No matter what uniform they are wearing. This has been the case many times. Was even of the news a couple years back not to go with them or get out of the car if alone. I they pull you over, can follow them to the police station to be safe.

Answer 5

If you were sleeping in the passenger seat, how do you know what your boyfriend was doing? but that's a different story.

Yes they can stop and search you, its called stop and frisk, officers can do this for thier safety. However, if they searched you just for being asleep, then there is probably more than you are telling us.

Answer 6

It all depends on whether he has demonstrable probable cause, and whether or not you gave your consent.

Many people are too stupid to understand that you can legally say "no" of you are asked to consent to let an officer enter your car or home. If you deny him consent, he may still do so but the burden will be on him to justify his entry before a judge if necessary.

If he has good cause to think a crime has been committed ot is being committed, he can lawfully enter without your consent. But he knows that he may have to prove in court that probable cause exists, and that if he has no probable cause, you can sue his pants off.

If you are approached by a police officer who wants to ask you questions, the first thing you should say is - Am I detained? If he answers yes, as he may, then it is his problem to show why if it goes to court. On the other hand, if he does NOT say you are detained, you do NOT have to say another word and you should simply turn around and walk away without saying one word.

Our police in general do an excellent job under very difficult conditions and they are worthy of all the cooperation you can give them, in addition to whatever cooperation you may be legally obligated to give them. And they should be paid more.

But for all that you should understand the limits on police power. Every well-trained cop knows what he can and cannot do, within the law, and if he sees that you too know the facts he will give you more respect - and hopefully you will give him respect too.

We in the US are a relatively free society because ulitmate authority rests in We the People, not in government or any representative of government. Take a look around in Mexico if you have any doubt that our system is way better.

You can be respectful and polite without groveling. Good citizenship means knowing your rights and insisting that they be respected by all others. No American should ever grovel in fear as you might if confronted by a cop in, say, Zimbabwe. Personally I try to treat every person as my equal, and consider that to acknowledge no masters is at the heart of being a free citizen of a free country.

Answer 7

If the situation was exactly as you stated, and the vehicle was totally legal,. and hopefully the engine wasn't running, unless the windows were rolled up, and the doors locked, then NO!. There was no probable cause for a search. Now, let me ask you a question. How was your attitude?. Did you say anything that may have caused him to get suspicious?.

Answer 8

It depends. Based on what you have said, no. If it happens, the officer will have to prove that he had a reasonable suspicion that you were participating in criminal activity, had just committed a crime, or you were going to committ a crime. You can also be searched with a warrant or if you have been arrested.

Answer 9

Well they do have the right to see if you are ok and ID you, because they have to determine the situation if any, now searching I think they your consent and should have asked first. Did they?

Answer 10

Based on the scenario you gave, no. Police can search if there is articulable suspicion, but not for the fun of it.