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NO!
A police officer needs reasonable suspicion. That means that they must have articulable facts that when presented in the totality of the circumstances a person would reasonable believe that a crime was or will be committed.
Terry v. Ohio, 392 U.S. 1 (1968), was a decision by the United States Supreme Court which held that the Fourth Amendment prohibition on unreasonable searches and seizures is not violated when a police officer stops a suspect on the street and frisks him without probable cause to arrest, if the police officer has a reasonable suspicion that the person has committed, is committing, or is about to commit a crime and has a reasonable belief that the person "may be armed and presently dangerous." (392 U.S. 1, at 30.)
For their own protection, police may perform a quick surface search of the person's outer clothing for weapons if they have reasonable suspicion that the person stopped is armed. This reasonable suspicion must be based on "specific and articulable facts" and not merely upon an officer's hunch. This permitted police action has subsequently been referred to in short as a "stop and frisk," or simply a "Terry stop". The Terrystandard was later extended to temporary detentions of persons in vehicles, known as traffic stops.
The rationale behind the Supreme Court decision revolves around the understanding that, as the opinion notes, "the exclusionary rule has its limitations." The meaning of the rule is to protect persons from unreasonable searches and seizures aimed atgathering evidence, not searches and seizures for other purposes (like prevention of crime or personal protection of police officers).
Wiki User
∙ 7y ago
Wiki User
∙ 15y agoDefine what YOU mean by "search." Your definition may well be different from what the law calls a search. If a law officer does a routine interrogation stop on you, they may pat you down, in order to protect themselves, in a cursory search for weapons. If his suspicions are raised by what the pat down revealed they then have probable cause to search you further and depending on what that search reveals, may disclose probable cause for an arrest. If nothing is found, you may be released on the spot.
Wiki User
∙ 14y agoIf the officer feels that there might be something illegal going on in the vehicle he/she is allowed to pull your over. Probable cause is basically speeding, DUI, basic rules of the road violations.
Wiki User
∙ 13y agothey have to have probable cause to pull you over, but you dont know if they have that or not so its good to go ahead and pull over anyways.
Another View: Police officers are empowered to enforce ALL the motor vehicle laws of their state. If they have articulable reason to do so, they may pull you over to check to see if you have a valid drivers license and proof of insurance or that your vehicle is in safe operating condition.
Wiki User
∙ 12y agoIt CAN depend on the circumstances prevailing at the time of the stop, but it is within the officer's discretion. It has been ruled permissible, having to do with officer safety issues. If you refuse it simply builds their reasonable suspicion that, from the officer's perception, there should be a heightened level of concern on their part. During a 'routine' traffic stop for a minor violation you might never be asked to. However there are times and could be factors at play about which the driver is completely unaware.
Wiki User
∙ 11y agoUnder stop and search powers Police require a reason to stop and search members of the public, this includes persons in vehicles.
Reasons may be due to matching descriptions being given over the radio, acting suspiciously or seeming to be purposely avoiding the Police.
Under some laws the Police don't require reasons to search, however this is rare and is usually upholded as a law in certain areas; for example in parts of London where terrorism is managed on a higher extent.
Wiki User
∙ 11y agoPolice do not need probable cause to pull you over, they need reasonable suspicion. However, If you can prove that your actions were in accordance with your laws the ticket can be dismissed.
Generally, If a Police Officer fails to appear in court on a traffic ticket, you can have the ticket dismissed.
Wiki User
∙ 11y agoYes any type of officer has the authority to make a traffic stop, though is very unlikely a detective will have the means to even make a traffic stop.
Wiki User
∙ 12y agono, you apply for the priviledge of driving and your right goes out the window.
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Can a police officer stop you while your are walking on the sidewalk and search you and if they find anything can they charge you without probable cause?
Under no circumstances can a police officer stop you or search you without probable cause. Probable cause is one of the ways that an ordinary citizen's right to privacy is protected from unlawful search and seizure.
Can police search your persons when a k9 gives probable cause to search your car?
Once a properly trained working K9 indicates something illegal on you or your property, that is considered probable cause.
Can police search your tractor trailer with out consent?
As with any other vehicle, it'll require probable cause. If a police officer sees a lot lizard go into your truck, for example, then they have probable cause to search that vehicle.
Can a police dog be used to search a person?
Canines are not technically "searching" you, they are "screening" you. If they "hit" on you that gives the officer reasonable probable cause that you may have contraband on your person, and HE can then search you.
Can an officer search your car any time?
A police officer in the United States can only physically search your car with a warrant or probable cause, such as seeing a weapon, open container or drug paraphernalia through a window.
The Patriot Act changed the constitution to allow a police officer to search your car even if you refuse?
no, they need your permission unless they have probable cause
Can police search a car in ohio?
If they have probable cause.
What is the definition of probable clause?
The Probable Clause is a part of the 4th Amendment, and it says that the government cannot search a prson, or ask for a search warrant without probable suspition
What do the police need to have in order to get a search warrant?
Probable cause.
Can a police officer search your cellphone?
With the proper warrant or probable cause, a cell phone could certainly be searched. More commonly the police would obtain necessary records from the cellular service provider.
If a parole officer smells marijuane at a house arrest home what is the scope of his search?
The whole house. If he smells marijuana, he has reasonable suspicion. As the supervising officer of a probee, he has police authority. With this he can conduct the search. If he finds anything in the search (be it a single seed) he has probable cause and can take the probee into custody. He can additionally hold any other persons in the house for law enforcement and affect arrest when they arrive. Don't poke the bear!
Can revoking consent for an ufficer to search give a police officer an indication of probable cause to obtain a search warrant?
No. The officer would have to have other reasons than a revoked consent. Revoking a consent does not lead to the officer having a 51%/ more likely than not justification that there is evidence of a crime. There has to be other factors that play into it. And even if he does have probable cause he would need to get the warrant and then continue the seach.
