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Simple English definitions for legal terms
protective search
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A quick definition of protective search:
A protective search is when a police officer looks for evidence of a crime on a person or in an area that the person would consider private. This can be done without a warrant if the officer believes their safety is at risk or to preserve evidence. It's important for the search to be reasonable and not violate the person's rights. Other types of searches include those done with consent, with a warrant, or in emergency situations.A more thorough explanation:
A protective search is a type of search conducted by a law enforcement officer to protect their safety and preserve evidence. It involves searching a detained suspect and the area within their immediate control. This type of search can be conducted without a warrant.
For example, if a police officer arrests someone and believes they may have a concealed weapon, they can conduct a protective search to ensure their safety. Another example is if a suspect is detained in a car, the officer can search the area within the suspect's reach to preserve any evidence that may be destroyed.
Overall, a protective search is conducted to protect the safety of the officer and preserve evidence. It is a type of search that can be conducted without a warrant, but it must be reasonable and necessary under the circumstances.