Search of persons explained

Police officers in various jurisdictions have power to search members of the public, for example, for weapons, drugs and stolen property.[1]

England and Wales

See main 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

See main article: 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

Notes and References

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