- Obi Wan Stevobi
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- Exalted Mythic Member
Posted by: Helveck
They don't have to be visibly seen. I don't know where you're getting your information from. I can only guess since he was at what appears to be a Police Station, he was likely in Police custody. When you're in police custody or you are switched to another officers custody, you MUST search a person if they are a suspect to ensure Officer safety.
By your logic, if I conceal a weapon well enough in custody as so it's not visible enough to be seen and confiscated, I should get to keep it.
If you are not in custody, you can refuse search. Yes. That much is true. If you're arrested for something, there is no requirement for a warrant to search, and as a suspect in custody you must comply.
Posted by: Dback139
Posted by: The Ruckus 2010
Posted by: Dback139
I don't know if I missed it in the article or video, but why was the boy being asked to empty his pockets? I'm fairly certain that if the boy didn't do anything illegal in plain sight, he is not required to submit to a search (ie turning out his pockets), so there's that. He can be a nuisance, a right pain in the arse, but you can't just search someone because you don't like them.
They can have you empty your pockets to ensure you have no weapons.Yes, but if it's not in plain sight, or visibly protruding/bulging from the pocket, then he can still refuse the search.
EDIT: As far as making the kid turn out his pocket, he would have to point out what visibly suggests that he "might" be concealing a weapon in his pocket, then the kid would have to submit to a pat-down, not search. And if the pat-down was suspicious, then he would have to turn out the pockets.
My question is why didn't they just search him if that is the procedure? There was no physical resistance shown by the kid in the video. What was with lifting the kid off the ground in an armbar? The obvious issue is size. This kid has a very small stature. He doesn't even have 2 feet on my one year old. What stopped the officer from simply pulling his pockets inside out without forcing the kid unto the counter?