Search of persons

Policeofficers in various jurisdictions havepower to search members of the public,for example, for weapons, drugs and stolen property.^[1]This article concerns searches of members of the public who have not beenarrestedand who are not held indetention.For search powers in relation to those persons seeSearch on arrestandSearches in detention.For searches of property, rather than people, seesearch and seizure.

England and Wales[edit]

Policepowers inEnglandandWales,allowing police officers to search members of the public for weapons, drugs, stolen property,terrorism-related evidence or evidence of othercrimesare known asstop and searchpowers.^[2]

United States[edit]

Searches in the United States are governed by the Fourth Amendment to the U.S. Constitution, which generally requires that the police obtain a warrant before a search is legally permissible. However, certain exceptions to the warrant requirement exist.

After stopping a person based upon the reasonable belief that the person might be engaged in unlawful activity, or following a routine encounter such as a traffic stop, the police in theUnited Statesmay perform a cursory search of the persons outer clothing for their own safety.Terry v. Ohio.^[3]However, unless the object is reasonably identified by feel as a possible weapon or contraband, they may not remove objects from pockets, as that would constitute a search.Minnesota v. Dickerson.^[4]When performing a pat-down following a Terry stop that results in the officer identifying a weapon by feel, a police officer is allowed to remove the weapon from the person's clothing.^[3]

References[edit]

^Reiss, Albert J. (1971).The Police and the Public.New Haven, Connecticut: Yale University Press.ISBN 9780300016468.Retrieved11 September2017.
^"Police powers to stop and search: your rights".Gov.UK.Government of the United Kingdom.Retrieved11 September2017.
^^a ^b"Terry v. Ohio, 392 US 1, 88 S. Ct. 1868, 20 L. Ed. 2d 889 (1968)".Google Scholar.Retrieved11 September2017.
^"Minnesota v. Dickerson, 508 US 366, 113 S. Ct. 2130, 124 L. Ed. 2d 334 (1993)".Google Scholar.Retrieved11 September2017.

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[1] Reiss, Albert J. (1971).The Police and the Public.New Haven, Connecticut: Yale University Press.ISBN 9780300016468.Retrieved11 September2017.

[2] "Police powers to stop and search: your rights".Gov.UK.Government of the United Kingdom.Retrieved11 September2017.

[terry-3] "Terry v. Ohio, 392 US 1, 88 S. Ct. 1868, 20 L. Ed. 2d 889 (1968)".Google Scholar.Retrieved11 September2017.

[4] "Minnesota v. Dickerson, 508 US 366, 113 S. Ct. 2130, 124 L. Ed. 2d 334 (1993)".Google Scholar.Retrieved11 September2017.

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England and Wales[edit]

United States[edit]

See also[edit]

References[edit]