Can a police officer search a person with special needs without a warrant or probable cause?
MultiRegion, United States of America
The following excerpt is from United States v. McCarty, D.C. No. 1:08-cr-00513-JMS-1, No. 09-10504 (9th Cir. 2011):
However, the exemption from the warrant and probable cause requirements in these types of warrantless, suspicion-less searches "do[es] not apply where the officer's purpose is not to attend to the special needs or to the investigation for which the administrative inspection is justified." Id. (citing Whren v. United States, 517 U.S. 806, 811-12 (1996)).
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