What happens if you refuse to allow a police officer to perform a body search?

PITX5

The answer to this question is again conditional. If you are speaking about a pat down, or clothed body, search by an Officer subsequent to arrest or with probable cause, you have no right to refuse what so ever. To resist is classified as willfully delaying or obstructing a Peace Officer. If the Officer is harmed during the resistance you will be charged with battery on a Peace Officer.

However, if it is an unclothed body search, which is not conducted outside of a hospital, jail or prison setting you have limited right of refusal. You will end up "getting naked" one way or the other to include cutting your clothing off, but if you are a female this must be done by a female officer or female clinician. They DO NOT need a warrant for this type of search as it is done during or prior to incarceration and the courts have recognized the paramount need for security in such situations, even in California. You may try to refuse, but several deputies or correctional officers throwing you down and removing your clothing by force is not a pleasant way to spend an evening.

The third is what is know as a BCS or Body Cavity Search. This type of search is done by medical personnel only buy court order or warrant.

Jennifer S

If they have cause to suspect you they will take you to the police station and issue a warrant. If you have nothing to hide then you should let them do it, if you're female you can request that another female perform the search depending on how invasive it is.

xphxpd

Under Terry vs Ohio,they can pat down for weapons.No cavity search.

Gentle Giant

He can, with good probable cause, get a court to give him a search warrant to do a body search.
He does have the absolute right to search anyone he detains if he has reason to believe they might have weapons which could harm the officer.
.

Viking Raider

He does it anyway. With force if necessary. You could always try claiming your civil liberties, but nobody's cared about them since the 50s.

laughter_every_day

Most body searches take place in jail. If you don't submit to it, then several officers physically restrain you while another searches you. Most unpleasant.

northernhick

Kristin's remark about 'accidentally' losing control may seem rather humourous, but it's actually a potential consequence of refusing.

One of the leading 'strip search' cases in Canada involves a pretty graphic series of events in which a person was clenching his cheeks so hard (he did have something to hide, as it happens) that he lost bowel control.

Bottom line: If the cop is entitled to search you, he'll do it regardless of consent. Your cooperation may make the search go much more easily, however, both for the cop and for you. Simply refusing to be searched probably won't get you charged, but trying to fight off the search will likely get you charged.

Heather B

you get put in hand cuffs and go to jail.

ive seen it.

Melissa2323

I believe you can't just refuse to have one - but you are allowed to request a female (or male) officer to do it.

edmdood24

Well if they have Just grounds for a cavity search under suspicion they are allowed. If you object to it then you may be charged with obstruction.

Lori_blue_cat

Here is what happens if you refuse to
allow the police to perform their duty
they can have you charged with
with mischief
or if you are withholding information
or get in the way
you can be charged with
obstruction of justice.

beanthedoctor

well...you can't. They can always search your person for their own personal saftey....FYI they can't do that in amsterdam!

Tinman12

If I were you I would say yes under the condition that a lawyer be present.

elyslund

They have to have probable cause to do a body search.
And, since I'm a woman...there had best be a woman officer that does do it...if they have just cause.

kristen

Allow them to perform it, then "accidentally" lose control of your bladder and piss on them.

1st Amendment Nut

Depends on if they know the cameras are rolling or not.

flattley

If you refuse - confess

remoserjr107

Police can't do a body Search....!! They might 'pat you down', but I think the Prison system handles "Full-Body Searches".....!!

Dark Angel

Well i did it one time and i got beat down thrown in the hole downtown and stayed in dead lock for 5 days till i got out.They do what they have to' but if i don't want a male checking all my body cavities then they should get a women to do it.

Kaelaboo

they might use there hard stick, which does hurt, to hit you down!

leonard s

you go to jail.

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