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Only if they have reasonable suspision or probable cause. Otherwise No.
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∙ 15y ago
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Can police search a person without a warrant?
It depends on the circumstance. A police officer cannot randomly search a person for no reason; however, there are many situations in which an officer can search without a warrant. Among those is probable cause and exigent (or emergency) circumstances. An officer, also, has the ability to do an outer-clothing patdown if they have reasonable suspicion that an individual is armed (Terry v. Ohio, Terry Stop, or Stop and Frisk). An officer, also, has the ability to conduct a search of the suspect after an arrest has been made (Search Incident to Lawful Arrest).
What happens when police officer says that he is only searching for weapons and find drugs?
Anything found in the course of a lawful search will be admissible. If the weapon search was proper, the drugs are just a nice bonus
Can a cop search your car if you got pulled over for speeding?
Unless the officer discovered probable cause during the traffic stop (or had probable cause prior to), then no, the search was illegal. The officer would have needed to obtain probable cause to search the vehicle, in reference to Carroll v. United States. The prior answer referenced "Search Incident to Lawful Arrest" and that was incorrect. During a traffic stop for speeding, generally, no one is being arrested, and "Search Incident to Lawful Arrest" only allows the the officer to search for evidence related to the arrest, which for speeding, there wouldn't be any such evidence.
What conditions can a police officer search a person?
When he has a warrant, when you get arrested and if you give them permission to search you
Can police officers search a home where a felony probation person doesnt reside or was not present at the time of arrest?
Police officer with a search warrant can search any home regardless of the situation.
Can police search your car when I'm not there?
I'll assume you meant to ask "Can the police search mycar when I'm not there?"The only situation where the police would require your presence is if the justification for the search was your consent. Otherwise, the search could be based on the car appearing to be abandoned, unlawfully parked (which would permit it to be towed and inventoried), used in a crime, based on probable cause, incidental to an arrest, or other other circumstances. Even a consent search would be lawful if you or someone else having control of the vehicle had given their consent for a search with you not present.
Search a glove compartment of an auto after a traffic stop?
You can search a glove compartment if you have a reason to believe there is something illegal in your car. The Patriot Act greatly expands power of the police to search without a warrant.
Do police have the right to search a person after that person has been cleared of warrants and released?
No as that would be against the constitution
Who can police search during a section 32 house search?
A constable may search an arrested person, in any case where the person to be searched has been arrested at a place other than a police station, if the constable has reasonable grounds for believing that the arrested person may present a danger to himself or others.
What is a court order allowing an individual or his or her property to be searched or siezed is called?
When police officers have a court order to search a home or a person, it is called a search warrant. If a police officer has reasonable suspicions, then they can search a person without a search warrant.
What is the proper warrant required by the police to search a cell phone in nz?
I am not sure but i will try help in the mean time. New Zealand police MUST tell you exactly what the search warrent they are issuing you means and what it gives them the right to do, if they don't it means theyre in serious trouble. You can request your lawyer attend any lawful search regardless of wether they surprise you or let you know they are comming. If you feel a search is unlawful you can get a lwayer and discuss it with them.
Are warrants bad?
It depends. Warrents allow the police to search something or someone without question (the person cannot refuse the search), so it is good for police. If you happen to be hiding something from the police, then it could be bad for you. It means the police will be able to find whatever you are hiding and you won't be able to say "no, don't search me."
