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Can someone clarify this?
This is under Section 901.151 - Florida Stop and Frisk Law
"(5) Whenever any law enforcement officer authorized to detain temporarily any person under the provisions of subsection (2) has probable cause to believe that any person whom the officer has temporarily detained, or is about to detain temporarily, is armed with a dangerous weapon and therefore offers a threat to the safety of the officer or any other person, the officer may search such person so temporarily detained ***only to the extent necessary to disclose, and for the purpose of disclosing, the presence of such weapon***. If such a search discloses such a weapon or any evidence of a criminal offense it may be seized."
Does this mean that police can only search for an obvious weapon?
In other words, if you had weed in your wallet police can't open the wallet to search, right? Or even technically your pockets because they couldn't feel a weapon and they are trying to disclose the presence of a weapon, not a drug.(although I could see some police officers saying 'I "think" this is a weapon, let me take it out').
3 Answers
- Anonymous7 years ago
It says that anyone the police detain (which is handcuff untill further notice) they can search you for any weapons or anything that may be harmful or dangerous. The police wont tell you they cannot give legal advice
- 7 years ago
Stop and Frisk is easy to understand.
The Police officer is only patting you down for weapons that could cause injury or death to him or other people around.
HOWEVER, if you have plastic baggy with weed in your pocket and the officer can articulate based on his/her training or experience then that frisk becomes a search because now he has probable cause that you have an illegal drug in your pocket.
Source(s): FL Deputy Sheriff