Can I be searched or "frisked" if I'm not under arrest?
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Can I be searched or "frisked" if I'm not under arrest?
Jeffrey K. Rubenstein (Criminal Defense Attorney) gives expert video advice on: Can I refuse to let the police entry into my home or business?; Can I refuse to allow the police to search me or my property?; Under what circumstances can the police stop me while driving? and more...
The answer is yes; you can be searched or 'frisked' if you're not under arrest. There's a case, Terry v. Ohio, and from that they get what they call a "Terry" pat. This means the police are allowed to stop and frisk you for officer safety if they just have a small suspicion that a crime is taken place. That is your typical pat-down search, and it's supposed to be for weapons. What has developed from the Terry case is what they call the 'plain feel exception'. So, for instance, most of us patting somebody down might be able to tell the shape of a gun. We might be able to tell the shape of a screwdriver. Officers with experience say they can feel what a baggy with marijuana inside feels like, and a syringe, and various other things. So, from what they call a Terry pat; stop and frisk, probable cause for further search can also develop.