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Kenneth C
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If he legitimately had someone tell him that you were illegally carrying a weapon, then he does have probable cause and the right to search you.
These questions are better for a lawyer though. |
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?
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Stop, Question, and Frisk follows the Fourth Amendments Exclusionary Rules.
When REASONABLE SUSPICION exists that a crime has been committed, is being committed, or is about to be committed an officer may stop and question you. (Probable Cause is grounds for arrest not a stop, question, and frisk).
If he sees any type of bulge on your person he may frisk the outer part of your clothing, if what is revealed to be something other than a weapon it may be admissible against you as long as the officer articulated his reason for the search was for the safety of his being and that of others if so present.
Another reason which may lead an officer to do a stop and question may lie with as an example someone wearing a long trench coat during 100 degree weather - this is extraordinary and deems reasonable suspicion.
As far as your example goes, the officer met the two-prong test. |
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BoyRacer
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Your nicked! |
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lpdhcdh
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What NYPD said... |
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Here, they call me Hippie...
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Yep, they sure can. There's a little thing called "Probable Cause" that cops like to use alot. It basically gives them a right to do what ever they want if they've got a reason. |
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jed slade
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If he has reasonable grounds to do so,he can.This can mean almost anything,from your behaviour to your previous actions or even a jokey statement you make.LESSON never prod wasp nest grasshopper.A seasoned copper can almost smell a drugs user or dealer,the excuse your copper used does,nt even have to be proved. |
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badshotcop
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Yes, if he has reasonable suspicion that you were in posession of illegal articles then he can search you. The fact he found drugs despite stating he was looking for a gun is irrelevant. It's you're own fault for carrying stuff in the first place. |
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dcukldon
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Your depriving a village some were. |
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Quasimodo
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I'll make this simple....look up Terry vs. Ohio.
The answer is 'yes" |
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crazeygrazey
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UK Law is 'reasonable cause'. He had a reasonable cause (even if he was lying). |
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gomanyes562
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It depends on who this "someone" is. If the police can satisfy a judge that it was legitimate, then yes. |
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Thierry
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Normally no except if they think that you'll be in possession of drugs or fire arms which was the case.
Good luck. |
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nc_hull
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Yes he can, if he has information that you are in possession of a firearm then the officer has the powers to stop and detain you in order to search you and if you resist force can be used against you to satisfy the extent of the search. It will hold up in court as it was a lawful search and even if it wasnt a lawful search you are charged with possessing a drug/controlled substance. It was a drug and you possessed it. The offence is complete. |
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Yaqub H
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If they think you are a threat to society or are dealing illegal substances.
However if you have been unfairly picked out then take the rank number and the officers name as well as his unit. And write the time, date and place.
Then report it and it will be investigated fairly. |
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canadiandude
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It depends on how much information the person told the officer. If he gave him a fair bit of information and the officer had reason to belive you had a gun then yes he can search you for weapons and any evidence on you will be used against you. However if the person just said that guy has a gun then no the police officer cannot just search you and any evidence he gains will be thrown out in court. |
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DanHants
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I am sure the Officer will provide you with all the details at the time and the power they are using.
Make sure you get a copy of the search, that way if you think you are unlawfully searched then you can make a complaint.
BUT to be honest, I have walked down lots of streets and I've never been searched, maybe think about where you are hanging out. |
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imkevlar (boycott ignorance)
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with probable cause, yes. For example, if it looked like you were selling drugs or smoking a crack pipe and a cop saw you, then expect to get searched. |
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Northern Explorer
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Yes. |
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michelob86
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I'd get a good lawyer.
Unless the police can prove they had reliable information that you had a gun, it is not a permissible search.
If they did, then it still might be permissible (they were acting in the cause of public safety).
That's where a good lawyer can sort it out for you. |
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Not To Serious
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No it will not hold up in court.If the cop was searching for a gun it should have just been a pat down search. |
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Teekno
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The cop will need to produce the person who said you had a gun to testify in court to back up his probable cause.
In the future, just don't have any drugs on you at any time. |
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xx_scarletLambo_xx
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i the UK i think the cop needs to have a warrant to search you. and you shouldn't have been carrying drugs in the first place. tough luck! |
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dogsngoat
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In America, Yes.
Any other "free" country, No. |
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