T
thefatman
They can pat down anyone they have detained but are not allowed to put their hands inside your pockets unless their pat down strongly indicates that you are likely carrying a weapon. They can not make you empty your pockets or any container or bag you are carrying. If the think they have probable cause to search you further do to the pat down or due to smelling drugs etc. they can detain you while seeking a search warrant from a judge.
In reality they can not even ask you to give them your ID or drivers license. The laws state you must present for viewing ID or drivers license, registration and insurance if you opearting a motor vehicle. It does not say you must relinquish for possession by a police officer such papers, xards etc. Your handing it to them means you agree to an act they can not require of you. By doing so with your act of consent they are legally taking you hostage.
If you "volunteer" i.e. give permission for the officer to do something they ask you to do which they have no legal right to do then you can not complain as you relinquish your rights by "volunteering" to give up your rights upon request. Ignorance of the law gets most people busted. A police officer can not search your automobile just because a trained dog indicates your car contains drugs unless that testing is done at a border. Otherwise the dog indicating your auto contains drugs only gives them probable cause to seek a search warrant. Yada, yada yada....
If your on parole or probation it usually means one of the conditions of that parole or probation is that you can be searched at any time when requested by or approved by your parole/probation officer. It does not give a police officer the right to search you without the parole/probation officers direction or permission. It also means any vehicle your in can be searched with the parole/probation officers request or permission. These searches do not require a search warrant or any reason/cause if your on parole or probation if it is a condition of your parole/probation. It nearly always a condition of parole/probation..
In reality they can not even ask you to give them your ID or drivers license. The laws state you must present for viewing ID or drivers license, registration and insurance if you opearting a motor vehicle. It does not say you must relinquish for possession by a police officer such papers, xards etc. Your handing it to them means you agree to an act they can not require of you. By doing so with your act of consent they are legally taking you hostage.
If you "volunteer" i.e. give permission for the officer to do something they ask you to do which they have no legal right to do then you can not complain as you relinquish your rights by "volunteering" to give up your rights upon request. Ignorance of the law gets most people busted. A police officer can not search your automobile just because a trained dog indicates your car contains drugs unless that testing is done at a border. Otherwise the dog indicating your auto contains drugs only gives them probable cause to seek a search warrant. Yada, yada yada....
If your on parole or probation it usually means one of the conditions of that parole or probation is that you can be searched at any time when requested by or approved by your parole/probation officer. It does not give a police officer the right to search you without the parole/probation officers direction or permission. It also means any vehicle your in can be searched with the parole/probation officers request or permission. These searches do not require a search warrant or any reason/cause if your on parole or probation if it is a condition of your parole/probation. It nearly always a condition of parole/probation..