Elawyers Elawyers
Washington| Change
Asked in De Queen, AR Aug. 08, 2019 ,  1 answers Visitors: 12
Is a male officer allowed to put his hand in the pocket of a female suspect during a search?

1 Answers

Anonymous
Reply

Posted on / Aug. 08, 2019 20:07:38

Typically the answer is yes. He should exercise care though. Most officers will have another officer - preferably a female officer present.

The only reason an officer should be placing his hand in anyone's pocket is to check for weapons. There is a lot of case law dealing with this issue. The primary case is Terry v. Ohio and its progeny. This type of frisk is called the Terry Frisk or a Stop & Frisk. An officer can briefly detain an individual to quickly see if he has broken the law.

The U.S. Supreme Court holds that for an officer to stop and frisk, he:

-Must be legally present at the scene. This means he must have detained the defendant lawfully; i.e., saw the person speeding, possession of contraband, fleeing, hanging around the outside of a business late at night, etc.

-The frisk must be "reasonable" in that officer is looking for dangerous objects in the pocket. The officer can squeeze the outside of the pocket and must feel something like a weapon before he can reach into the pocket. That is, if he squeezes the outside of the pocket and feels a bag of drugs, he DOES NOT HAVE authority to go into the pocket. If he feels something hard like a gun or knife, he can then go into the pocket and if he discovers contraband may make an arrest.

-Must have has reasonable suspicion to make the stop or contact the individual. He just can't stop you for no reason.

Hope this helps.

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer