episode of cops

[mister hankey]

I was watching Cops and the 2 officers in the car puled up behing someone walking on the side walk approached him and just starrted pulling things out of his pocket and liffting up his shirt while they were talking to him.
While i was watching this i ddint think that cops could just walk up to you and start doin this so can they or cant they?

 

[neoncowboy]

Maybe if they try and you don't resist or tell them to stop it's implied consent?

Hard to have the presence of mind to resist an illegal search when you're all strung out though.

 

[Spreadfire Arms]

there may be a number of issues that were not presented in the episode:

1. was it a lawful detention? if they had reason to stop him then they can do a terry pat down but not necessarily remove things out of his pocket.

2. did the guy have a search clause? if so, they would need no reason to stop and search him since he waived his 4th Amendment rights as a condition of his probation.

otherwise it may not be legal...unless he consented.

 

[wasrjoe]

It's hard to tell what happened on a show like cops. Just remember one word: editing.

 

[Gordon Fink]

The cops can search you whenever they like. If you’re lucky, a judge will throw out any illegally obtained evidence.

~G. Fink, who carries his fabric-softener sheets in an empty coffee can

 

[Risasi]

No, they can't. Not legally. They have to have reasonable suspicion. In fact I don't even have to show them my ID, when they ask. If I'm not driving a vehicle.

[EDIT]

U.S. v. Sokolow, 490 U.S. 109 S.Ct. 1581


[Second EDIT]

LEVELS OF PROOF INSTRUCTIONS:

http://www.ncdd.com/lop-inst.html

 

[Gordon Fink]

Reread my post.

~G. Fink

 

[Risasi]

I re-read, it twice over.

 

[steveno]

I have always wondered how many "takes" it took before the episode made it to the TV. I think there is a lot of editing going on behind the scene and what was left on the floor.

 

[Gordon Fink]

Risasi, the cops can search you without probable cause, though such a search would be illegal. The only way to stop them would be to run or fight, which would get you into even more trouble.

~G. Fink

 

[Risasi]

Yeah I know Gordon, that's why I added "not legally" in my post. I knew you were being a bit facetious (or shall I say realistic). The thing is if you know your legal rights and voice them most police officers will stand down. Heck sometimes they don't even know the law.

Besides if you do inform an officer that what he is doing is wrong and he still continues that can be used in court.

 

[Gordon Fink]

That wouldn’t be much comfort if I were caught “illegally” carrying a handgun.

~G. Fink