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Search of persons

Police officers in various jurisdictions have power to search members of the public, for example, for weapons, drugs and stolen property.[1] This article concerns searches of members of the public who have not been arrested and who are not held in detention. For search powers in relation to those persons see Search on arrest and Searches in detention. For searches of property, rather than people, see search and seizure.

England and Wales edit

Police powers in England and Wales, allowing police officers to search members of the public for weapons, drugs, stolen property, terrorism-related evidence or evidence of other crimes are known as stop and search powers.[2]

United States edit

Searches in the United States are governed by the Fourth Amendment to the U.S. Constitution, which generally requires that the police obtain a warrant before a search is legally permissible. However, certain exceptions to the warrant requirement exist.

After stopping a person based upon the reasonable belief that the person might be engaged in unlawful activity, or following a routine encounter such as a traffic stop, the police in the United States may perform a cursory search of the persons outer clothing for their own safety. Terry v. Ohio.[3] However, unless the object is reasonably identified by feel as a possible weapon or contraband, they may not remove objects from pockets, as that would constitute a search. Minnesota v. Dickerson.[4] When performing a pat-down following a Terry stop that results in the officer identifying a weapon by feel, a police officer is allowed to remove the weapon from the person's clothing.[3]

See also edit

References edit

  1. ^ Reiss, Albert J. (1971). The Police and the Public. New Haven, Connecticut: Yale University Press. ISBN 9780300016468. Retrieved 11 September 2017.
  2. ^ "Police powers to stop and search: your rights". Gov.UK. Government of the United Kingdom. Retrieved 11 September 2017.
  3. ^ a b "Terry v. Ohio, 392 US 1, 88 S. Ct. 1868, 20 L. Ed. 2d 889 (1968)". Google Scholar. Retrieved 11 September 2017.
  4. ^ "Minnesota v. Dickerson, 508 US 366, 113 S. Ct. 2130, 124 L. Ed. 2d 334 (1993)". Google Scholar. Retrieved 11 September 2017.

search, persons, police, officers, various, jurisdictions, have, power, search, members, public, example, weapons, drugs, stolen, property, this, article, concerns, searches, members, public, have, been, arrested, held, detention, search, powers, relation, tho. Police officers in various jurisdictions have power to search members of the public for example for weapons drugs and stolen property 1 This article concerns searches of members of the public who have not been arrested and who are not held in detention For search powers in relation to those persons see Search on arrest and Searches in detention For searches of property rather than people see search and seizure Contents 1 England and Wales 2 United States 3 See also 4 ReferencesEngland and Wales editMain article Stop and search Police powers in England and Wales allowing police officers to search members of the public for weapons drugs stolen property terrorism related evidence or evidence of other crimes are known as stop and search powers 2 United States editMain articles Terry stop and Frisking Searches in the United States are governed by the Fourth Amendment to the U S Constitution which generally requires that the police obtain a warrant before a search is legally permissible However certain exceptions to the warrant requirement exist After stopping a person based upon the reasonable belief that the person might be engaged in unlawful activity or following a routine encounter such as a traffic stop the police in the United States may perform a cursory search of the persons outer clothing for their own safety Terry v Ohio 3 However unless the object is reasonably identified by feel as a possible weapon or contraband they may not remove objects from pockets as that would constitute a search Minnesota v Dickerson 4 When performing a pat down following a Terry stop that results in the officer identifying a weapon by feel a police officer is allowed to remove the weapon from the person s clothing 3 See also editProactive policingReferences edit Reiss Albert J 1971 The Police and the Public New Haven Connecticut Yale University Press ISBN 9780300016468 Retrieved 11 September 2017 Police powers to stop and search your rights Gov UK Government of the United Kingdom Retrieved 11 September 2017 a b Terry v Ohio 392 US 1 88 S Ct 1868 20 L Ed 2d 889 1968 Google Scholar Retrieved 11 September 2017 Minnesota v Dickerson 508 US 366 113 S Ct 2130 124 L Ed 2d 334 1993 Google Scholar Retrieved 11 September 2017 nbsp This law enforcement related article is a stub You can help Wikipedia by expanding it vte Retrieved from https en wikipedia org w index php title Search of persons amp oldid 1137138100, wikipedia, wiki, book, books, library,

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