Search of persons

Police officers in various jurisdictions have power to search members of the public, for example, for weapons, drugs and stolen property.^[1]

England and Wales

Police powers in England and Wales, allowing police officers to search members of the public for weapons, drugs, stolen property, terrorism-related evidence or evidence of other crimes are known as stop and search powers.^[2]

United States

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 the United States may 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

^ Reiss, Albert J. (1971). The Police and the Public. New Haven, Connecticut: Yale University Press. ISBN 9780300016468. Retrieved 11 September 2017.
^ "Police powers to stop and search: your rights". Gov.UK. Government of the United Kingdom. Retrieved 11 September 2017.
^ ^a ^b "Terry v. Ohio, 392 US 1, 88 S. Ct. 1868, 20 L. Ed. 2d 889 (1968)". Google Scholar. Retrieved 11 September 2017.
^ "Minnesota v. Dickerson, 508 US 366, 113 S. Ct. 2130, 124 L. Ed. 2d 334 (1993)". Google Scholar. Retrieved 11 September 2017.

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[1] Reiss, Albert J. (1971). The Police and the Public. New Haven, Connecticut: Yale University Press. ISBN 9780300016468. Retrieved 11 September 2017.

[2] "Police powers to stop and search: your rights". Gov.UK. Government of the United Kingdom. Retrieved 11 September 2017.

[terry-3] "Terry v. Ohio, 392 US 1, 88 S. Ct. 1868, 20 L. Ed. 2d 889 (1968)". Google Scholar. Retrieved 11 September 2017.

[4] "Minnesota v. Dickerson, 508 US 366, 113 S. Ct. 2130, 124 L. Ed. 2d 334 (1993)". Google Scholar. Retrieved 11 September 2017.

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References