Can a police officer do this?

Question

I had a beer in my pocket, while riding a bike, long story.

i live by a university and a cop stopped me. he saw the beer in my pocket and then took it and searched me. there clearly wasn't any more beer... he checked my wallet and everything. is he allowed to do this?

Answer 1

It was a cop and they can do what ever they want apparently! They can even shoot you in the back while laying face down on the ground and kill you and face no criminal charges! At least that's what they do in Austin Texas now days!

s***w all of the thumbs down! you need to look at what is happening for real in the U.S. today! The police have shot and killed un-armed people and have not faced any criminal charges! Losing their job is not c**p! Like the groom that was shot and killed? 3 police officers fired over 50 rounds into the car! 50 rounds! That means that they had to reload! The men were unarmed! They faced no criminal charges and still have their jobs! This is starting to happen more and more often in the U.S.! It is ridiculous! How can we call it a justice system when there is no justice???? Murderers should face the death penalty no matter what their job title is! Wake up Americans! This c**p is spreading! Our rights are being taken away at an alarming rate. Arm yourselves and get ready for the worst! Police state! Look at what happened in New Orleans to law abiding citizens! The government is becoming as bad as the criminals!

Answer 2

Yes.

It sounds like you got off easy. BTW what does the university have to do with this? If it happened on campus property than you may be subject to it's rules while on their grounds.

Answer 3

Yep. And operating even a bicycle under the influence is against the law.

Answer 4

I dont know why he would check your wallet. he had probable cause to take the beer though.

Answer 5

Yup-at that point in time, although you were not handcuffed, you were under arrest. The search was "incident" to that arrest.

Answer 6

In some places, having an open beer in public is illegal.  You don't even need the vehicle to break such a law.  Such laws are more common on and around universities than in other locations.

Answer 7

Yes, they can pretty much do as they please. And do.

Answer 8

Depends on which  place you live in ...

Answer 9

Yes he can.  Are you old enough to drink?????  MIP's is a problem around colleges and the police are well aware of this.  Stopping you for the beer and checking your ID and age is well within his rights.  As far as the further search, the officer has a right to do this for his own personal safety in case you were carrying any weapons and he also was probably doing a check for drugs.  Leave your beer home next time.

Answer 10

James S is wrong......the university cops/campus police have greater power than we do as county deputies.

Answer 11

Yeah he can if you are underage. And you cant have a visible alcoholic beverage visible.

And if you are drinking and intoxicated riding a bike it is a DUI

Answer 12

The police are allowed to stop you for an investigative detention. Its called a "Terry" stop.

You were not under arrest though.

He is allowed to pat you down for weapons during a Terry stop, not check you for contraband (marijuana, etc.).

Also to do this the university cop needs to be a real cop, and not a rent-a-cop. A rent-a-cop has no right to do an investigatory detention.

Regardless, you are under no obligation to consent to any searches (beyond the weapon pat down), or to answer any questions.