Ep. #270: Can u handcuff & search someone with an outstanding warrant prior to warrant confirmation?

📌 Unprovoked Flight Upon Seeing an Officer
If you are patrolling a “high crime” area and a person suddenly, and without provocation, runs upon seeing you, then these may be sufficient conditions to conduct an investigative detention in order to determine whether or not he is involved in criminal activity. Unprovoked flight, by itself, doesn’t provide sufficient reason to conduct a patdown. You need to articulate something more, such as a known gang member, history of violence, or possible drug dealer (not just drug user).

Finally, this rule may also include wealthy areas where a rash of recent burglaries have occurred, or a business district when all the stores are closed. Articulate, articulate, articulate!

📌 Search Prior to Formal Arrest
Generally, there is no prohibition in making a pre-arrest “pat search” of a subject right before you formally arrest them (compare to “patdown,” which is only for weapons). The Supreme Court requires that a search incident to lawful arrest be conducted “contemporaneously.” Chimel v. Cal., 395 U.S. 752 (1969). This means the search may occur before the formal arrest (though uncommon).

A pre-arrest “pat search” often occurs when police see a hand-to-hand transaction and go over to the suspect and pull the drugs out of the suspect’s pocket. This is obviously not a patdown for weapons, and therefore requires probable cause. Remember, once you start looking in a suspect’s pockets for evidence, that’s instantly an arrest—requiring Miranda if you plan to interrogate. Therefore, if you plan to talk to the suspect consider leaving the evidence in his pocket and begin the encounter as an investigative detention

------

✅ Drop a like and subscribe, thank you for your support! 🥰

🚨 Do have another roadside chat question? Send it here: https://www.bluetogold.com/show

Blue to Gold Training:
🔻Class Schedules - https://www.bluetogold.com/calendar
🔻On-demand Training - https://university.bluetogold.com/
🔻Free Legal Training Webinar - https://www.bluetogold.com/calendar?category=Webinar
🔻Book Store and Training Materials - https://www.bluetogold.com/store

Connect with us, learn us more. We keep our updates and news posted on social media:
🔻Facebook - https://www.facebook.com/bluetogold
🔻Instagram - https://www.instagram.com/bluetogold
🔻Twitter - https://twitter.com/bluetogold
🔻LinkedIn - https://www.linkedin.com/company/bluetogold
🔻TikTok - https://www.tiktok.com/@bluetogoldtraining

#LawEnforcementTraining #PoliceTraining #LegalEducation