Cop search consent question

you can refuse the search on the car or bag unless they have probable cause but police are allowed to search your immediate person for weapons for their safety so generally they can search your pockets
 
storytime

guy in my place of business not acting right (understatement). police on the scene, ask him to comply with their demands. person (who we later find out is a juggalo and on bath salts), asks cop "are you down with the clown?"

person then gets arrested.

dont ask any cops if they are down with the clown.
 
dog-on-truck-fuck-the-police.png
 
Here's what I know for Ontario Police.

You cannot be arbitrarily searched.

An officer can search you for his safety and yours. He cannot go into your pockets or any personal effects unless he has reasonable and probable grounds that you are carrying something that may endanger their live or yours - This is commonly known as a patdown

You can be searched if during the patdown if the officer feels any type of weapon or reasonably suspicious object.

You will be searched if you have been arrested.

You can also consent to a search and at any time revoke that consent.
 
If they have probable cause they can but if a cop just walks up to you out of nowhere and you're not doing anything wrong he cant search you, the most he can do is a pat down for weapons but he can't actually make you empty your pockets
 
Always make sure not to give consent to a search. That being said, a cop can search you whenever he wants. However, he will need to prove probable cause for the search or the case against you will be thrown out.
 
cops are absolutely allowed to search you for their own safety. if they pat you down for weapons and believe you have weed or something illegal they then have probably cause. if they have probably cause they can search your car, home, etc with out a warrant.
 
it's your 4th amendment that protects your privacy. In it it states "no Warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, & the person or things being seized" (had to memorize that for class), which basically says that Police need a warrant to search, but there are exceptions where they don't need a warrant.

in a car search, if they have probably cause, they can search your car, but you may tell an officer they can't search it. If you consent to one, they can search whatever they want.

Just basically understand the 4th amendment & probable cause. At school it's much different though. Search New Jersey vs TLO & Stafford vs Redding if it's anything school related or on school grounds.

 
no, this is false. Police need a warrant to search your home unless you consent, or there's an emergency where a warrant isn't necessary because they have probably cause to believe that not entering will result in destruction of evidence or suspect escape etc, or if Police are on a hot pursuit where they can follow a suspect through someones house. In the last case they can seize any evidence found even if you weren't involved in the hot pursuit
 
Yes.

Also refusing to a search does not give him probable cause to search you. It's simply your right. If he tries to search anyway don't try and fight, but make sure to state that you're refusing to consent to this search.

 
suspicious as in, potentially a weapon? or if he felt a dimebag in your pocket, could he make you take it out?
 
yes, he'll empty everything out, & then he'll arrest you for possession of narcotics. I don't know your state rules but in CT there is a certain amount that you can have for "personal use". But otherwise, if that doesn't apply to you, you will be arrested for possession, & then he'll search your car. & probable cause really depends on the case... there really is no guideline for what is & isn't probable cause
 
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