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Can you make a search incident to arrest even if you’re not planning to formally arrest the person and just issue a citation? Today’s question comes from an officer in Colorado. He essentially asked, “If I have probable cause to issue a citation for paraphernalia, can I also search their backpack or their person? Can […]
All right, we’ve got another question that comes up a lot: Is a search incident to a non-custodial arrest, such as a summons for a crime where evidence could reasonably be located on a person, legal? I received a question from a cop in Colorado who said, “I watched episode 421, which was about searches […]
This question is: Can you look inside a woman’s purse, or a man’s backpack during a pat down? The answer is, “Maybe.” Here’s how this works. We know that patdowns are an overall minimally intrusive way to protect yourself from weapons and blunt objects during a Terry stop. And, if you have reason to believe […]
Today we are going to answer a question that a lot of you have on your mind. Can you search a vehicle’s passenger for marijuana? And the answer is: probably. However, I have to go into some legal reasoning here because the answer is really not that clear. There are two key cases I want […]
The question is: “Which Fourth Amendment exception allows a school police officer to search a juvenile on campus based on an anonymous tip that the juvenile has a gun?” Alright, so we’re dealing with a lot of different things here. Let’s walk through it. First off, is the tip truly anonymous? In this day and […]
Can you patdown an overdose suspect? This question comes from an officer in Wisconsin. The officer says, “You respond and revive a suspected overdose patient. Can you conduct a patdown prior to them being transported by EMS? This is for the safety of the staff, due to drug abusers commonly carrying tools related to their […]
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