I have been arrested or detained by police; do they have an automatic right to do a pat-down search (frisk search) of your person? No!
When is a pat-down allowed
It is not standard practice to frisk someone before putting that person in the police cruiser.
- The police must have a person under lawful arrest or detention.
- If the person is detained for an investigation, the officer must have specific and reasonable reason to do a search of a person; i.e. pat-down.
The officer who fears for his safety or the safety of others should be able to prove that it was reasonable to believe that a search was required to find a weapon on the arrested person.
A person has a reasonable expectation of privacy for anything on his/her person.
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