Can The Police Search Me?

New Mexico Attorney Explains 4th Amendment Protections

Video Transcript:

Rob Rosenthal: 

Do you know the protections the Fourth Amendment gives you regarding police searches? We're asking New Mexico lawyer Shannon Kennedy for an Ask The Lawyers Quick Question.

Shannon Kennedy: 

The Fourth Amendment offers protection regarding police searches by not allowing officers to search you unless they have probable cause that you are a threat to them or to others. So, for instance, if an officer sees someone walking down the street and says, "Hey, hi, can I talk to you?", you can talk to that officer and engage in what's called a consensual encounter, but you are free to leave. If you are not free to leave, then you are de facto under arrest. And if you are under arrest, an officer has to have probable cause to secure your body in handcuffs.

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