Can A Cop pull me over when im waiking and search me if I havent Broken the law

Question

If he asks me if he can search me Can I just say no

Answer 1

If he has reasonable suspicion that you may be up to something, then yes, he can stop you.  You can always question the legality of the stop by asking him, although I suggest you do this respectfully and AFTER he has concluded his investigating whatever he is investigating.  You might be told something you didn't understand before.  Second, you can complain to the agency itself if you feel you were stopped for no reason.  Third, you can get an attorney and question the detention, however if there was no formal arrest, it will almost certainly go nowhere.

This is all assuming the stop was a temporary detention.  In some cases, you are not legally required to stay, and can actually leave in the middle of the discussion.

Answer 2

NO HE IS VIOLATING YOUR RIGHTS HE IS BREAKING THE LAW HE NEEDS PROBABLE CAUSE IF HE ASKS FOR YOUR ID SAY SORRY SR NO I HAVENT DONE ANYTHING...YOU DO HAVE THE RIGHT TO RESIST ARREST IF IT IS UNJUST READ YOU BILL OF RIGHTS IT WILL HELP ALOT

Answer 3

Yes you can..

Answer 4

Legally, no.  But they do it thousands of times every day all over the country.  If anything comes of it, they lie their way out of it.  Almost any black teenager could tell you stories.  

Answer 5

"NO HE IS VIOLATING YOUR RIGHTS, YOU DO HAVE THE RIGHT TO RESIST ARREST IF IT IS UNJUST READ YOU BILL OF RIGHTS IT WILL HELP ALOT"

I think the answer has been pretty well covered. An Officer that stops you on the street is more than likely conducting what is known as a "Terry Stop". Look up the case Terry vs. Ohio. During this investigative detention, an Officer has the right to perform a pat-down for safety reasons. He may not perform a "search" unless he knows what is there. (If he feels a knife in the pocket or gun in a waste band, he may then execute a search to remove it.) As for the above comment; in Illinois, you do not have the right to resist arrest even if you believe it to be unlawful.  

Answer 6

He can stop you. He can pat you down for weapons. He will ask basic questions..........name, where you live, what are you doing in the area.Stuff like that. Give him a hard time on any of that, you might get a ride in a pretty police car............

Answer 7

Depends, if the cop has probable cause to think you have done something wrong,then yes.

Especially if you are walking at 3 in the morning in a known neighborhood for drugs, crime, etc.  or a crime has been committed in the area and you are in that area, they will probably question you.

If you put yourself in a suspicious situation, you are opening yourself up to suspicion

Answer 8

Wow...some ptretty interesting answers here. Most of them not quite right. Especially that truthrad guy...take his advice and see how quick you become a number. Booking number that is.

A police officer can stop you based on just about any set of circumstances. Once he stops you, he can ask you just about anything. If he asks for your identification, and you try that "Sorry I don't have it" stuff and walk away....click click. When identificaiton is requested by a peace office, you MUST produce proof of who you are. Failure to do so does warrant further investigation and subsequently a prolinged detention. Also, failure to comply with a lawful order...well, good luck with that one too.

As for the search, until such time as the officer has established probable cause, he or she can conduct a cursory pat down of the outside of your clothing to detect the presence of any offensive items, such as kives, guns, etc. which may be deemed inappropriate or dangerous. Should this cursory pat down reveal an item which is beleievd to be offensive, the officer may retrieve that item if it is safe to do so and secure that item until the interaction is complete for safety reasons.

Now, as for declination of a request for search. Absolutely, you can decline to give consent when asked. However, if you have nothing to hide, why give the officer reason to look even harder for whatever he or she needs to conduct the search without consent? Once the ineraction is complete, contact the officers agency, speak with a supervisor and discuss any potential policy or rights violations and lodge a formal complaint if you realy feel like you have been mistreated.

Response to njmotor: Please do not misread this message or its intent;

First, I mentioned no "assumtion" that the pat down was a given nor did I state that it was for contraband. You, being LE know as well as I do that, upon coming in contact with a subject, the cursory pat down is based on reasonable suspicion (most likely) typically derived from the reason for the initial stop in the first place. At least, any knowlegable office can articulate it as such. After all, I don't know who you are or who what type of person you are when I stop you right? So, in the interest of safety, which officers are entitled to, a cursory pat down of the outside of the clothing for the purpose of detecting offensive items is warranted and permissible. Of course, splitting hairs here, a cursory pat down would not necessarily be conducted on EVERY stop. Like I said, you can be stopped for just about anything and the circumstances for which I elected to initiate the stop would dictate whether or not I felt the pat down for safety reasons was necessary.

Answer 9

Wow!   Lots of dumb @ss answers here.

JoeM has almost got it.

His assumption that a pat down for weapons is a given is wrong. We must have a reasonable suspicion that you have a weapon or that you pose a threat before we can pat you down.

This pat down is done solely for our own protection. It can not be done to search for contraband, only weapons.

We must have probable cause to search you without consent or a warrant.

'Reasonable suspicion" is a much lower standard than "probable cause".

That you are "hanging out" with a bunch of dirtbags, who are known to carry weapons easily achieves the standard of reasonable suspicion.

That you fit the description of someone who committed a robbery in the area a short time ago also achieves that standard.

Answer 10

Bottom line: the cop has to have a GOOD REASON to stop & frisk/search you.  Like, you fit the discription of someone who just robbed a nearby store.

Ultil you're arrested, you can ALWAYS refuse to be searched.  The cop needs a search warrent signed by a judge to override your refusal.

There are rare exceptions, such a a trained dog has indicated to his handler that he (the dog) smells drugs or such.

Answer 11

in W's America he can call you a terrorist and do what ever he wants...and there's not a thing you can do about it