Can a person who has been arrested be searched without a warrant?

Answer 1

Yes. A person can be searched when they are arrested.

Additional: It all depends on what the questioners definition of "being searched" is. An individual does not necessarily have to be 'under arrest' to be "searched." It may also occur during an "investigatory stop."

When law enforcement officers make contact with a subject who they have reasonable suspicion may be armed or possessing contraband, they may conduct a "Stop and Frisk" on those subjects. This consists of a "pat down" or a "skimming" of their hands over the clothing of the individual to determine if they are carrying anything of a dangerous or suspicious nature.

Under this Supreme Court approved action (see: Terry v. Ohio) they may NOT go into the pockets or under the outer clothing of the subject UNLESS their "frisk" or "skim" discloses something articulable. Of course, in a full custodial arrest situation based on probable cause alone (without a warrant), they may completely search the clothing and body of an individual, and even conduct a body cavity search (when carried out under the proper guidelines).

Answer 2

A police officer may do a pat down search for weapons for their safety without a warrant. They can also search a person if they ask and are granted permission. They may also search if they have probable cause. For example if they observe someone put a plastic baggie in their pocket after seeing what looked like a drug transaction or if a drug dog indicates a person has drugs. If someone is placed under arrest (even for a traffic bench warrant) they can search the person without a warrant.

Answer 3

Answer for US Only- Yes of course. There are many, many, many circumstances under which a cop can lawfully search in individual without a search warrant. Many times, the search may not be called search, but for the person being searched, it is nonetheless a search. Furthermore, during the search, unlike TV shows, the cop is not required to read you your rights.

Answer 4

In the US the privacy rights of vehicle owners is much greater reduced than those of the home or structure owner. Law enforcement may search a vehcile without a warrant if:

• They have proable cause to believe a felony has been commited and evidence of that felony is in the vehilce. (The witnessed the crime)
• They have reasonable suspicion a crime has been committed and the evidence is in the vehicle. (The occupants of the vehicle act suspicious).
• There is an emergent situation that requires they enter the vehicle to assist in assuring the safety of an individual or the public.

This having been said, if a LEO searches a vehicle, one of these conditions will exist, and any resistance on your part will likely result in your arrest for hindering or interfering. At that point, you are a suspected Perp, and your word is worth nothing--you will have no credibility in a court against Law Enforcement. The word of LEO's automatically carries greater weight.

This is not to say that you should roll over to an illegal search. You have two choices if a LEO asks you to search your vehicle: 1). submit to the search or refuse, 2). refuse.

If you have nothing in your vehicle of an illegal nature, you have no reason to submit to a search. You have no reason not to, but you have no reason to consent.

Answer 5

Only under the Plain View doctrine. If, during the course of any police encounter, they see under plain view any kind of evidence that a crime has been or is being committed, they can seize that item. but they cannot search any other part of the vehicle or dwelling without further obtaining a search warrant, unless consent is given to search, which can be revoked at any time.

Answer 6

The Police may only search a person without a warrant if they have probable cause to believe they are armed or if they're under arrest. Otherwise, If you search someone without probable cause or without them being under arrest, you've violated their constitutional right.

Answer 7

Yes. It is called 'search incident to arrest.'

Answer 8

Yes it's to protect their safety.