When are police legally allowed to search me in California?...

This is a discussion on When are police legally allowed to search me in California?... within the Arrests, Searches, Seizures forum, part of the CRIMINAL LAW, ARRESTS, TRAFFIC TICKETS category; Isn’t refusing to let the police search me an admission of guilt? Thank you for any advice!...

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Old Jul 11th, 2009, 10:13 AM   #1
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Default When are police legally allowed to search me in California?...

Isn’t refusing to let the police search me an admission of guilt?

Thank you for any advice!
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Old Jul 11th, 2009, 01:29 PM   #2
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Default Re: When are police legally allowed to search me in California?...

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When are police legally allowed to search me in California?
Only with a warrant, with your permission, or if he/she is placing you under arrest.

They may also do it if they have reasonable cause. In other words, they wouldn't be allowed to do it just because they feel like it.

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Isn’t refusing to let the police search me an admission of guilt?

Thank you for any advice!
No. If a police officer asks your permission to search, you are under no obligation to consent. The main reason why officers ask is because they don’t have enough evidence to search without your consent. If you consent to a search request you give up one of the most important constitutional rights you have -- your Fourth Amendment protection against unreasonable searches and seizures.

See also...

Why refusal helps you legally if you wind up getting arrested.

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Old Jul 12th, 2009, 02:52 PM   #3
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Default Re: When are police legally allowed to search me in California?...

If he has a reasonable suspicion, he can pat you down for weapons, that is called a "Terry Stop", named for the US Supreme court case Terry v. Ohio.

As far as a complete search, for that he needs probable cause, or you need to be in his custody.
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Old Jul 12th, 2009, 05:15 PM   #4
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Default Re: When are police legally allowed to search me in California?...

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Originally Posted by Hello2 View Post
Only with a warrant, with your permission, or if he/she is placing you under arrest.

They may also do it if they have reasonable cause. In other words, they wouldn't be allowed to do it just because they feel like it.



No. If a police officer asks your permission to search, you are under no obligation to consent. The main reason why officers ask is because they don’t have enough evidence to search without your consent. If you consent to a search request you give up one of the most important constitutional rights you have -- your Fourth Amendment protection against unreasonable searches and seizures.

See also...

Why refusal helps you legally if you wind up getting arrested.

Protect your constitutional rights during police encounters - Flex your rights

Just Say 'No' to Police Searches | FlexYourRights.org
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