Can a cop search your pockets if you get caught breaking a bottle?

Question

Recently, I broke a bottle and the cop took everything out of my pockets. I thought their only able to do a terry pat? He did NOT ask to search me.

Answer 1

let me guess...the bottle you broke MAY have contained "an alcoholic beverage", and you MAY be under the legal drinking age...you MAY have also told the Officer that you "accidentally" broke the bottle by throwing it against a wall or in the direction of someone..?!! the investigating Officer observing your willful destruction of evidence and your total disregard for proper societal behavior, decided to further investigate your initial crime by conducting an "inventory search" of your pockets prior to your arrest or citation (arrest with promise to appear)...the Officer doesn't need to ASK your permission to do his job...feel lucky if all you have to complain about is the small inconvenience of having to empty your pockets after acting like a turd..!!

Answer 2

Despite assertions to the contrary, police may not lawfully search through an individual's pockets merely because they suspect criminal activity; searches generally require a search warrant [1] issued on probable cause [2], unless the search falls into a specific category of exceptions [3].

One such exception, the "Terry Frisk," allows police to perform a limited search for weapons, they reasonably suspect an individual is armed. In the Terry case, the Court upheld a pat-down of the outer layer of a suspect's clothing [4]; in another case decided on the same day, the Court struck down a search in which the officer reached into the suspect's pockets [5]. That sounds similar to what happened here.

Another exception permits police to search through (among other things) a person's pockets after an arrest [6], even if police do not expect to find weapons [7]. However, there must be an actual arrest for this search to be lawful - contrary to an earlier assertion, the Court has held that issuing a citation is not sufficient [8]. The same person mentioned that police could make an "inventory search," of a person's possessions, but this, too, has been upheld only where police make an arrest (and, therefore, take custody of the arrestee's possessions) [9]. Regardless, it doesn't sound like you were arrested, so this exception may not apply to your case.

I don't know all the facts of your situation, but using this information, you should get a good idea of whether the search was lawful.

Answer 3

Sounds like you are the classic "victim" You do bad things but don't think "you" are bad, so you keep doing bad things because you really think you are a good person. Then when someone says that what your action was bad, you start making excuses as to how they wronged you. You may need to collect some bottles for your therapy bill or just tivo some old frasier or dr. phil, that could do the trick.

Answer 4

I think he only has the right to frisk you, in case you got any weapons, and if he considers that somethig may be a weapon, he can ask you to empty your pockets, but if he puts you under arrest I believe he has the right to.
Dn't think that everything is done according to law, by cops, If he says he didn't, and you say he did, who are they going to believe especially if he says he felt threatened because, you were not in control after breaking the bottle.
I am not saying you were not in control.
Go prove otherwise, they will take his word for it wether you were right or not.
They cannot admit to violating your rights, otherwise you will destroy them in court.

Answer 5

A few bucks and some lint,I just paid my house payment and it almost cleaned me out. A person should carry some silly stuff in your pockets just to aggravate the cops when they search you.

Answer 6

There are consequences for all actions. Good or Bad.

Don't point a finger at the officer doing his job, take responsibility for your own actions.

Answer 7

Cop is within his rights. He was detaining you and has the right to check you because he needs to be sure you are not able to harm him with anything on your person.

Answer 8

Dont go round breaking bottles then and drawing attention to your redneck.

Answer 9

They can basically search you anytime they fill you are doing something illegal.

Answer 10

You don't need to do anything to warrant a search..suspicion is enough.