Does an officer have the right to search your person if you consent to vehicle?

[MisterDoctor]

What is the name of your state? Washington

If you give an officer permission to look in your car, does that give him the right to search you and/or make you empty your pockets?What is the name of your state?

 

[rmet4nzkx]

What is the name of your state? Washington

If you give an officer permission to look in your car, does that give him the right to search you and/or make you empty your pockets?What is the name of your state?

Yes and yes. What did he find?

 

[justalayman]

What is the name of your state? Washington

If you give an officer permission to look in your car, does that give him the right to search you and/or make you empty your pockets?What is the name of your state?

No but there are other things that may allow him to search your person.
Now if he found something in the car you can most assuredly understand you are next.

google "terry search"

 

[justalayman]

Yes and yes. What did he find?

Hi rmet. How ya been?

Can you explain the justification for a body search based upon authorization of an auto search. The terry pat really removes the need (many times) for a warrant to a body search but it is still a seperate justification that I believe is needed.

 

[CdwJava]

What is the name of your state? Washington

If you give an officer permission to look in your car, does that give him the right to search you and/or make you empty your pockets?

When you got out of the car the officer can easily justify a pat-down for weapons (a "Terry frisk") and can even ask if you will empty your pockets. Ther key would be if anything happened if you refused to empty your pockets. If his request was, "Could you empty your pockets on the hood of the car, please?" then this is hardly a demand.

If you pulled dope out of your pocket or some other contraband, your attorney can make an attempt to have it suppressed, but, since YOU removed it, chances are this will not work. If he ORDERED you to empty your pockets, the officer would have to articulate probable cause. And this cause may have occurred if he patted you down and felt what he beleved was a weapon or contraband (needles and meth pipes are two very common forms of contraband that are clearly identified while doing a pat-down).

- Carl