Pat down request?

[Jeff XD]

My hypothetical question is if you are walking down the street can a police officer request to pat you down? Do you have to let him?

Another question is can an officer request your ID? Do you have to show him your ID?

Let me throw in the following conditions.
You are not stumbling and you are not in a bad area of town.

What rights as a citizen do you have in these situations?

[03RangerXLT]

If we are going past the level of a voluntary contactto an investigative contact, I can pat you down for weapons for my safety. Its called a Terry Frisk. I cannot go in your pockets. From my understanding, If I ask for a driver's license, it has to be provided to me because its the state's property. Not too awfully sure about that though.

[ElJimmyStrappo]

In your scenario, the officer has to have probable cause or another legal reason to pat you down and/or ask for a license.

[matiki]

IANAL so I'll let you know the case this stems from: Terry V. Ohio.

They can pat you down with reasonable suspicion, of either a crime (future, current or past) or if they think you may be armed.

Terry v. Ohio - Wikipedia, the free encyclopedia

[texas_rebel_1980]

this is my completely uneducated, nonprofessional answer.

if you happen by an officer on foot, walk past him whatever, and for no reason he says hey you come here i am going to frisk you, he is in violation of your rights. same as with identification.

again this is my uninformed interpretation of the laws. like said above, if it is in an investigation you can be frisked and if the officer deems necessary for his safety you can be placed in hand restraints. while they say you are not under arrest, in essence you are because you are not allowed to walk away at this point and that is part of the definition of arrest.

so just comply or you will be beaten with a nightstick and otherwise abused.........not really, 99.9999% of cops are good guys and gals and won't abuse powers this way.

[bigun]

If a Police Officer asks for your ID I'd suggest you comply, If he asks to pat you down he needs reasonable suspicion that you are breaking the law. Or probable cause.

[Jerry D.]

It's all Search and Siezure, which is included in the 4th ammendment of the U.S. constatution. it protects against unreasonable searches and seizures. Generally for a search to be lawful, the police agency needs to obtain a warrant depicting what is to be searched/looked for, where, who, etc.. but there are exceptions. One of which is what's known as a "stop and frisk," where a police officer may stop an indavidual walking down the street and ask to frisk them; however, an officer may only do this if there is probable cause. if he really doesn't have it you don't have to consent to a search, but if an officer has probable cause for his or her safety, and the safety of others he may. Same thing in a car, if he stoppes you for somehting like failing to signal and askes for a search, you can decline and be about your way. He's asking for your permission becasue he has no other probable cause of lawfully searching even though he may have a suspicion. There's grey areas here, like in anyhting. As long as your not really doing anyhting illegal you shouldn't worry, but know that without probably cause, the 4th ammendment gives you the right against unlawful searches and siezures.
I'm not a lawyer, I've just got a test in my law class monday and I'm trying to study. the 4th ammendment was one of our topics in class.

[jedi573]

One of which is what's known as a "stop and frisk," where a police officer may stop an indavidual walking down the street and ask to frisk them; however, an officer may only do this if there is probable cause.

Not probable cause, but reasonable suspicion. Probable cause is needed for an arrest. If I have a reasonable suspicion that someone has been, is, or will be involved in criminal activity, and I believe that such activity could have, is, or will involve a deadly weapon or dangerous instrument, I can frisk for my safety and for the indirect safety of the subject.

Study harder and good luck on your test!

Andy

[CLAYBROOK]

Me and three other work friends were on lunch one day and got pulled over for speeding. Less than 10 miles over the limit. The officer stated that he observed us acting suspiciously, and asked to search the car. As we had nothing to hide we allowed for the search. To this day I wish we had not allowed it. He had no reason to search us other than a paranoid unfounded suspicion. I am a huge supporter of Law Enforcement, but this really seemed unnecessary to me.

What would or could have happened if we denied him the search. Would he have done it anyway? Did he have any lawful right to search us?

[chrisxd45t]

The answer to those questions have a lot to do with the laws of the state you are in; not all have the same regulations.