Can Police Search a Shoplifters Purse for Evidence Without a Formal Arrest?

This question comes from an officer in Colorado:

“Can police search a shoplifting suspect’s purse for evidence without making an arrest?”

The answer is yes—not just in Colorado, but likely in most jurisdictions. Let’s break it down.

General Rule:

If you have probable cause that someone has committed a crime, you can search them for evidence, even without an immediate arrest. Courts generally justify this as a search incident to arrest.

But what about when the search happens before the arrest? The Supreme Court allows searches to be “contemporaneous” with the arrest, meaning it can happen right before or right after.

When no arrest is made, courts often justify such searches under the principle of exigency. If waiting for a warrant is impractical under the circumstances, a warrantless search may be justified to prevent the destruction or loss of evidence.

Case Example:

A Dollar General employee reported a suspect stealing makeup and putting it in her purse. The police responded, locating a woman matching the suspect’s description nearby.

The officer asked for consent to search the purse, and the suspect agreed. This resolved the situation without further legal complications. However, what if she had refused?

Answer: The officer could still search the purse based on probable cause.

Supporting Case Law:

In People v. Blackman (20 P.3d 1215, 2000), the Colorado court ruled that arrests can be either custodial or non-custodial:

1. Custodial Arrest: Taking a suspect to the station for booking and charges.
2. Non-Custodial Arrest: Temporary detention pending the issuance of a summons for minor violations.

During a non-custodial arrest, officers can conduct searches for weapons or evidence of the crime, even without full custodial procedures. This reasoning supports warrantless searches like the one described.

Practical Considerations:

Courts often lean in favor of law enforcement when probable cause exists. They recognize the challenges officers face, such as:

• Handling evidence in minor cases without clogging the system with arrests.
• Preventing suspects from discarding or destroying evidence while waiting for a warrant.

Even if no custodial arrest occurs, courts may still uphold the search as a reasonable intrusion based on probable cause.

Conclusion:
Yes, you can search a shoplifting suspect’s purse based on probable cause, even without a formal arrest. This allows officers to efficiently recover evidence without compromising the case.

Thanks for the great question! If you have more, keep them coming.

Stay safe out there, and keep up the amazing work protecting your communities!