Search and Seizure FAQ

Questions:

• When is a police investigation considered a search?
• How private is your house or other dwelling?
• What is a search warrant and what does it take to get one?
• What are the police allowed to do after they obtain a search warrant?
• Do the police always need a warrant to conduct a search?
• Can my roommate -- or my landlord -- give the police permission to search my apartment?
• If a police officer pulls me over, can she frisk me or search my car?
• If my car is towed and impounded, can the police search it?

Answer:

If a police officer pulls me over, can she frisk me or search my car?

Yes, if the officer has a reasonable suspicion you are armed and dangerous, she can frisk (pat down) you when you are pulled over for a traffic violation. Similarly, if the officer reasonably suspects that you are involved in criminal activity she can also perform a pat down. Assuming the police have probable cause -- a reasonable basis or justification to believe that you or your passengers are involved in criminal activity -- they can search your car and objects belonging to passengers.