Re: How much is that doggie sniffing my car...

["Casey R. Green" <caseyr@uidaho.edu>]

Robert Hoffman wrote:

> >There are cases that have
> >shown that officers who have a reasonable suspicion that a person poses a
> >threat to them or others and that they may be in possession of a weapon, and
> >that weapon may be concealed on their person, they can do a cursory search to
> >determine if there is a weapon.  It is not a strip search, but a search to
> >ensure the safety of the officer.  Look of "Terry v. Ohio" for the case law.
>
> It is also my understanding that under this ruling, any drugs or other
> illegal substances that the officer discovers in such a search are
> inadmissable as evidence.  So this ruling, in terms of public/police
> safety, draws a bold line between a handgun and a joint.
>
> Robert Hoffmann

Mr Hoffman, this is not true,  If an officer in the commission of a cursory search
discovers drugs, it does not make them legal.  They are still illegal and can be
used against that person.