Can a police officer search down a suspect's clothing without a warrant?

California, United States of America


The following excerpt is from People v. Keith G. (In re Keith G.), F078771 (Cal. App. 2019):

"Under [the plain view] doctrine, if police are lawfully in a position from which they view an object, if its incriminating character is immediately apparent, and if the officers have a lawful right of access to the object, they may seize it without a warrant." (Minnesota v. Dickerson (1993) 508 U.S. 366, 375.) "If a police officer lawfully pats down a suspect's outer clothing and feels an object whose contour or mass makes its identity immediately apparent, there has been no invasion of the suspect's privacy beyond that already authorized by the officer's search for weapons; if the object is contraband, its warrantless seizure would be justified by the same practical considerations that inhere in the plain-view context." (Id. at pp. 375-376.)

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