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Unfolding Nature Shop: Unfolding Nature: Being in the Implicate Order

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non consenting weapons patdown search of vehicles?
    #7305069 -

So i was watching the never get busted, and according to this officers can do a weapons patdown search in your vehicle if you refuse consent on one of their normal searches.. anyone experience this yet ? this is the first i've heard of it

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Re: non consenting weapons patdown search of vehicles? [Re: Helixx]
    #7305185 -

Quote:
In the case of Terry v. Ohio, 392 U.S. 1 (1968), the Supreme Court of the United States held that police have the ability to do a limited search for weapons of areas within the suspect’s control based on a reasonable and articulable suspicion that the person stopped was "armed and dangerous" and had been, is, or was about to engage in a criminal act. The type of frisk authorized by this decision has become known as a Terry stop and frisk or simply Terry stop.

A Terry stop has two parts: the stop and the frisk. When Terry stopping someone, the officer must have a reasonable suspicion that criminal activity has, is, or is about to be committed. During the course of the law enforcment agent's stop, if the officer feels that the suspect is in possession of a weapon that is of danger to him or others, he may conduct a patdown of the suspect's outer clothing garments to search for weapons. For the frisk to be constitutional, the officer must testify that he conducted a patdown for his personal safety, or the safety of others in the area. Pursuant to the "plain feel" doctrine, police may seize not only weapons discovered in a Terry stop but also contraband when the contraband nature of such is immediately apparent to the officer. An officer may not, however, seize such contraband if its identity is not immediately apparent to the officer upon administering the frisking.



http://en.wikipedia.org/wiki/Frisking

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Re: non consenting weapons patdown search of vehicles? [Re: Redstorm]
    #7305248 -

oh i knew that already, but i was talking about a weapons patdown search inside of your vehicle, and on your persons.

edit: oh.. missed this part of what you said
Quote:
limited search for weapons of areas within the suspect’s control



Edited by Helixx (08/17/07 02:51 PM)

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Re: non consenting weapons patdown search of vehicles? [Re: Helixx]
    #7305269 -

I wonder if that counts as looking in the dash or under the cushions. What specifically is allowed? Im sure most cops just do what they want

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Re: non consenting weapons patdown search of vehicles? [Re: DieCommie]
    #7305290 -

they confiscated sheets containing 800 blotters of lsd from one guy in this vid :frown:

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Re: non consenting weapons patdown search of vehicles? [Re: Helixx]
    #7305306 -

I'm not aware of a US supreme court ruling specifically allowing this, but its probably legal in certain states. The scotus ruling said the officer's safety allowed limited intrusion to find weapons, this could possibly be linked to the vehicle too- though in my thinking it couldn't, as the officer can simply remove the person from the vehicle to limit their access to weapons.

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Unfolding Nature Shop: Unfolding Nature: Being in the Implicate Order


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