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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 […]
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