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Can an undercover cop search you after stopping you for speeding or reckless driving?
3 people were in the car and got pulled over by an undercover cop for speeding or reckless driving. The officers asked us for our id's then asked us if we ever been arrested. All of us been arrested before. They told us to step out the vehicle and they searched us without our consent. Then ask for permission to search the vehicle.
Can the officers do a pat down without permission even if the passengers are not on probation?
12 Answers
- El ScottLv 71 decade agoFavorite Answer
It is okay for a sworn officer to stop someone for any violation of the law. So the traffic stop for moving violations is fine........it doesn't matter if they are undercover. Officers may pat people down when they have a reasonable belief that there is a danger. Traffic stops are dangerous, throw in multiple people, the fact everyone has been arrested, the nature of the arrests may be factored in, and any number of other variables all weigh to the reasonableness of a pat down so they were probably good their to. Police Officers can also ask for consent to search even when they have no reason to believe contraband is present so asking for consent is also okay. Sounds like the Officer was just doing his job.
Source(s): People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf. -George Orwell - Watcher111Lv 51 decade ago
In the case of Terry v. Ohio, 392 U.S. 1 (1968), the Supreme Court of the United States held that police have the ability to do a limited search for weapons of areas within the suspect’s control based on a reasonable and articulable suspicion that the person stopped was "armed or dangerous" and had been, is, or was about to engage in a criminal act. The type of frisk authorized by this decision has become known as a Terry stop and frisk or simply Terry stop.
A Terry stop has two parts: the stop and the frisk. When Terry stopping someone, the officer must have a reasonable suspicion that criminal activity has, is, or is about to be, committed. During the course of the law enforcement agent's stop, if the officer feels that the suspect is in possession of a weapon that is of danger to him or others, he may conduct a pat-down of the suspects outer clothing garments to search for weapons. For the frisk to be constitutional, the officer must testify that he conducted a pat-down for his personal safety, or the safety of others in the area. Pursuant to the "plain feel" doctrine, police may seize not only weapons discovered in a Terry stop but also contraband when the contraband nature of such is immediately apparent to the officer. An officer may not, however, seize such contraband if its identity is not immediately apparent to the officer upon administering the frisking.
Source(s): http://definitions.uslegal.com/t/terry-stop/ - 5 years ago
Your 47 and still have the mental faculty of a 16 yr old. You get a ticket beacuse your going over 15-20+ over the speed limit, which is pretty close to reckless driving.
- Anonymous1 decade ago
They have to have just cause to do that, but they can make up whatever the hell they want to. I got pulled over one day and the officer told me to step out of the car, I tried to ask what I had done, he said just step out of the car. I did and he searched my car. He took the seats out and looked everywhere. When he came up with nothing, I was like so why am I being pulled over and why are you looking in my car.
He said I had an object hanging from my mirror and that was cause to pull me over. As for looking in my car, he said he smelled weed. I have never smoked it and have no clue to this day why he did that, but I can tell you this I no longer respect police officers. They can make up and do as they please because they think they are exempt from the law.
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- 1 decade ago
Yes they can they are still a cop and as long as it was a pat down they can do that without your consent to make sure you do not have hard objects (drug pipes, knives, guns, other weapons and the like).
- Anonymous1 decade ago
It depends on where you are.
But a cop can always justify a search...
"I thought I could smell burnt cannabis" gives justification for a search...even if they don't find any, they have the reasonable suspicion for a search
- Anonymous1 decade ago
3 people with known history of crimes I know people change but who is going to believe you guys over police officers so unless you get them doing wrong to ya'll on video then forget about it and move on you should have thought about this before you did the crime. People are going to Judge you for the rest of your life no matter how long ago it was when ya'll did the crime unless it is on camera forget about it and move on. Its not what you know its what you can prove and you bet your @ss they can provide facts for everything they do anyway Good Luck
- 1 decade ago
all they need is reason to search. all being arrested before is more than enough reason. whether it's searching a car or a person.
- Anonymous1 decade ago
it's legal and called a terry stop but like everything else they trick you. if they feel something in your pocket they think might be weed they will say :mind taking that out of your pocket. If you say no they can't force you (of course the law doesn't apply to them)
- Mr. GoodkatLv 71 decade ago
Yes, they can do that. They were making sure you were not carrying a weapon that could hurt them.