Ep #440 Can police search a person for weapons before they can be taken into protective custody?

Roadside Chat: Can police search a person for weapons before they can be taken into protective custody?

In this video, Anthony Bandiero talks about reasonable suspicion during inventory when suspect is already in custody.

Case Law:
U.S. v. Lozano, 171 F.3d 1129, 1132 (7th Cir. 1999).
“[W]ithin the constraints of the policy/procedure, officers may exercise discretion in deciding whether or not to open a particular container. … A police officer may be allowed sufficient latitude to determine whether a particular container should or should not be opened in light of the nature of the search and characteristics of the container itself. Thus, while policies of opening all containers or of opening no containers are unquestionably permissible, it would be equally permissible, for example, to allow the opening of closed containers whose contents officers determine they are unable to ascertain from examining the containers’ exteriors. The allowance of the exercise of judgment based on concerns related to the purposes of an inventory search does not violate the Fourth Amendment.”

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