4th Amendment Question

[GatorMike]

If got a question for the lawyers/law enforcement BOTL. The 4th Amendment came up in one of my GenEd classes and I was wondering:
Under what circumstances can an officer conduct a personal search
(without consent).

Thanks.

 

[tazbigdog]

They can do a pat-down search (for weapons), but it is limited.

If your in a vehicle, they can do a cursory search (for weapons).

 

[Halon]

If they can see anything suspicious, like a machine gun or nail clippers, they can do a search of your car. I think. I believe they have to have probable cause, and that's justified if a rocket launcher or crack pipe or something like that is in plain sight. I'm not sure when they can and can't pat you down. I got patted down and my car searched once, but I was too scared to say no when they asked! There were 4 cop cars around me and they were all undercover and had guns drawn. I don't think they had probable cause, so if I'd said no then I am pretty sure they would not have been able to.

I also think there's different laws concerning locked stuff, like trunks and glove boxes, but maybe not.

I would really like to know what the actual laws are, and I could very well be incorrect in my assumptions.


TYLER

 

[jwintosh]

pat down for weapons, 4th waiver w/probation and parole, consent, search incident to arrest (probable cause),,, schools have a broader scope for search (reasonable suspicion). the plain-view doctrine allows me to arrest for what i see 'in plain view.' it also allows me to go into your house w/o a warrant if i see a crime being commited.

 

[GatorMike]

Thanks Jeff, I knew you would know.

 

[Headbanger]

In Florida they have their own set of rules.

 

[dpricenator]

pat down for weapons, 4th waiver w/probation and parole, consent, search incident to arrest (probable cause),,, schools have a broader scope for search (reasonable suspicion). the plain-view doctrine allows me to arrest for what i see 'in plain view.' it also allows me to go into your house w/o a warrant if i see a crime being commited.

My thoughts are...If a cop is asking you the question "can I search your vehicle" you may answer NO. If he is asking, he knows he needs consent to search. If he has you for something already you will not be able to get around it.

 

[tazbigdog]

I usually asked if they had drugs, firearms, untaxed alcohol, or fireworks in the car. Most times they say no. I ask them if I can search and see, and 99% of the time, they give me consent.

If I saw something in plain view, I did not need consent.

Hope that it helps.

Jeff

 

[dpricenator]

I usually asked if they had drugs, firearms, untaxed alcohol, or fireworks in the car. Most times they say no. I ask them if I can search and see, and 99% of the time, they give me consent.

Jeff

yep, that's the one that got me:hammersma oopps forgot i had that officer

 

[jwintosh]

i'll ask, "do you anything on you that you're not supposed to have,,, do you mind if i check?" if they say "yes", i ask them, "anything that'll poke me, prick me, piss me off?" if they say "no" and i have pc to arrest, i'll arrest. i will normally find dope. if they say "no" and there is no pc to arrest, i smile and tell them, "next time!" one thing that's fairly universal about crooks. they'll still be crooks tomorrow....

i have conducted what we call, "knock and talk" several times and will always ask for permission to search. when i'm told, "no," i hand them a search warrant and insist! it's always easier to get consent, but if it's something you really want to search, get a warrant before you tip your hand!

vehicles are different. much easier to search.

 

[dpricenator]

i smile and tell them, "next time!" one thing that's fairly universal about crooks. they'll still be crooks tomorrow....

.

With the exception of myself, I would say you are spot on with that one. :king:

 

[Fox]

Jeff, when does a "Terry" stop come into play?

 

[jwintosh]

pretty much whenever i can articulate the need to stop and/or contact you. once i've satisfied that, albeit in my own mind, then i can pat you down for weapons only. that means if you have a big coat on, i'm going inside the coat, not necessarily inside the pockets. if i find something, and you go to jail, i will have to articulate the necessity to contact you, else the court will toss the evidence, and the case.

as for articulation, you just need to know your area and you can articulate enough to satisfy the courts. (ie. in a park known for drug activity/or gang activity, subject wearing red, etc.)

it's a lot easier if they're in a vehicle,,, you can usually find a reason to pull them over. this is known as a "wall stop," and the supreme court recently upheld them 'as long as we don't use race as a factor.'