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Category: Criminal Law
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Experience:  Licensed attorney with 29 yrs. exp. in criminal law
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under what circumstances can police search my person when detained

Customer Question

under what circumstances can police search my person when detained for a traffic stop full search not pat down Texas
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Marsha411JD replied 7 years ago.

In every case when you are stopped legally for a traffic stop law enforcement can search your person. It's called a search incident to a Terry Stop. The rationale is that police can take the actions of searching the person and everything in their reach range in order to ensure their safety. In other words, they want to make sure the person they stop doesn't have a weapon on them or within their reach.

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