No! However, there are exceptions to this rule. If you are under arrest, the police may search you thoroughly. This is known as a search incident to an arrest. There is also the Terry stop search. This is limited in scope.  First, the officer must have a reasonable suspicion that there is criminal activity afoot, to justify stopping and questioning a person. Then, if the officer reasonably believes the person is armed with a weapon, the officer may pat down the outer clothing of the person to determine if the person is in possession of a weapon that could be used against the officer. If, in doing this pat down, the officer feels what he believes to be a weapon, he may go into the pockets to confirm or deny his belief. If the search is challenged, a judge will determine whether the officer acted properly and if the evidence seized is admissible as evidence. Last, the person may consent to a search. No warrant is required if a citizen freely consents to a search of his person, automobile, business, or home. If the consent to search is challenged, a judge will determine whether the officer acted properly and if the evidence seized is admissible as evidence.

Frequently Asked Questions

 


Q: Can the police reach into the pockets of my pants or jacket without a search warrant?

A: No!

However, there are exceptions to this rule.

If you are under arrest, the police may search you thoroughly. This is known as a search "incident to" an arrest.

There is also the "Terry stop" search. This is limited in scope.  First, the officer must have a reasonable suspicion that there is "criminal activity afoot," to justify stopping and questioning a person. Then, if the officer reasonably believes the person is armed with a weapon, the officer may pat down the outer clothing of the person to determine if the person is in possession of a weapon that could be used against the officer. If, in doing this pat down, the officer feels what he believes to be a weapon, he may go into the pockets to confirm or deny his belief. If the search is challenged, a judge will determine whether the officer acted properly and if the evidence seized is admissible as evidence.

Last, the person may consent to a search. No warrant is required if a citizen freely consents to a search of his person, automobile, business, or home. If the consent to search is challenged, a judge will determine whether the officer acted properly and if the evidence seized is admissible as evidence.


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