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An officer stops a car based on reasonable suspicion. The officer has reasonable suspicion that the people in the car are armed. There is no probable cause to make an arrest. What are may be searched?
Wiki User
∙ 8y ago
It depends where it happens. Police officers have different powers given to them depending on the country they operate in.
Wiki User
∙ 8y ago
In this scenario, the officer may conduct a protective pat-down search of the individuals in the car to ensure the officer's safety. The search is limited to a cursory pat-down of the individuals' outer clothing to check for weapons. The officer cannot conduct a full search of the car or its contents without probable cause.
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Probable cause in a sentence?
Probable cause is a standard of proof required for a law enforcement officer to obtain a search warrant or make an arrest, based on facts and circumstances that would lead a reasonable person to believe that a crime has been committed.
Do you have to allow an officer of the law to search your car if you are stopped for a traffic violation?
You have the right to refuse a search of your car unless the officer has a valid search warrant or probable cause to believe there is evidence of a crime in your vehicle. However, it's important to comply with the officer's instructions to avoid escalating the situation.
Can a magistrate find probable cause to proceed with a criminal charge without a sworn statement for the arresting officer if he is the only witness?
Yes, a magistrate can find probable cause to proceed with a criminal charge even without a sworn statement from the arresting officer if they are the only witness. The magistrate can rely on the officer's testimony presented in court to establish probable cause for the charge. However, the strength of the evidence and the credibility of the officer's testimony will play a significant role in the magistrate's decision.
What two interests does probable cause balance?
Probable cause balances law enforcement's need to investigate and prevent crime with an individual's right to privacy and protection against unjustified governmental intrusion. It serves as a fundamental element in upholding the Fourth Amendment of the United States Constitution.
If Im on private property knocking on the door and you know this lady that lives there and a cop pulls up and detains you after finding a pipe a least 100 ft from your car can he take you to jail?
It would depend on the circumstances and evidence the cop has. If the officer believes there is probable cause connecting you to the pipe, they could potentially arrest you. However, you have the right to consult with a lawyer if you are detained or arrested.
What is the age a child can be searched down?
18 any age as long and the officer has probable cause or reasonable suspicion that the kid is dangerous
How is probable cause and reasonable suspicion similar?
Probable cause and reasonable suspicion are legal actions that can be enforced by a law officer. These two actions are similar in that they give the police officer the ability to gain access when investigating a criminal action.
Can a police officer pull you over for no probable cause in Chicago?
They don't need 'probable cause', just a 'reasonable suspicion'.
Can an Illinois officer run a persons name through the system without probable cause?
A computer check is an investigatory tool, no probable cause or reasonable suspicion is necessary.
Can a police does a cop have to give you a ssobriet test at the seen of the crime?
If an officer has reasonable suspicion to believe you have been drinking and the drinking is related to a crime, he may administer a field sobriety test. Put another way, without reasonable suspicion to believe you have been drinking, an officer under no duty to administer a field sobriety test. Reasonable suspicion is not probable cause. It is a lesser standard.
Can a police officer pull you over claiming you just left a known drug house?
Yes, they can; it's called probable cause and/or reasonable suspicion.
What is the difference between a reasonable belief and a reasonable suspicion?
The questioner is confusing the wording of two legal concepts. The proper legal usage of the terms is REASONABLE SUSPICION and PROBABLE CAUSE. Reasonable Suspicion is/are those circumstances which arouse the instincts of a trained law enforcement officer to believe that a crime has been, or is about to be committed. Probably Cause leads from Reasonable Suspicion and is developed when a trained law enforcement officer determines that there is enough cause to believe that a crime has been committed and the person whom he can identify, or has in custody, is the one who committed it.
What level of proof is required for an officer to conduct a stop and frisk?
Officers are required to have reasonable suspicion to detain someone, and must have further belief that the person may be carrying a weapon that can be used to harm the officer in order to frisk them. Reasonable suspicion is a level of belief less than probable cause.
Can you be detained and cuffed?
This is difficult to answer without more information. But, an officer may detain an individual with reasonable suspicion, probable cause, or officer safety.
What is the concept of reasonable suspicion about?
What reasonable suspicion essentially means is that if a law enforcement officer believes that he or someone else is in danger he has the right to check someone for weapons. The basis is "would a reasonable person see this as a threat. If the answer is yes there are likely grounds for reasonable suspicion.
Is it legal to search a child in school without a parents consent?
It depends on the circumstances. If there is probable cause or a child is under arrest, he/she can be searched and questioned. Additionally, in schools, there are additional limits to the 4th amendment. For example, lockers can be opened and searched, without the restrictions that would be placed on searches of adults.Additional: School authorities (i.e.: employees of the school) do not operate under, nor are they required to adhere to, the laws of search and seizure that govern the actions of law enforcement officers.However if the individual who conudected the "search" was an officer, 'Probable Cause' is not necessarily required. Depending on what it is that is being searched for, 'Reasonable Suspicion' is cause enough for an officer to conduct a "Terry stop" and to frisk the clothing of a student.
Is it a lawful stop if the cop does not ask for your license and registration but instead tells you to get out of the car and frisks you and also the cop lied about the reason for pulling you over?
Under the correct circumstances, this is potentially legal. The officer should have a visible badge or present one. Your best bet is to follow directions as given, without escalating the situation. -The officer made a stop, based either on probable cause or reasonable suspicion. -During a lawful traffic stop, the officer can request that you step out of the vehicle (in the name of the officer's safety), in reference to Pennsylvania v. Mimms. -If the officer has a reasonable suspicion, or probable cause, that a crime has been committed, and the officer also has reasonable suspicion that you're armed with a weapon, the officer may conduct an outer-clothing pat-down, in reference to Terry v. Ohio. We can only provide you with this information. Without further knowledge, we cannot determine whether or not this situation was completely legal or illegal.
