Police Magazine Logo
MenuMENU
SearchSEARCH

The 5 Biggest Search-and-Seizure Myths

Ever since the U.S. Supreme Court made the Fourth Amendment exclusionary rule binding on the states in the 1961 decision in Mapp v. Ohio, thousands of published decisions from state and federal courts have applied the exclusionary rule to thousands of searches and seizures. It's no wonder the 50-year tidal wave of exclusionary decisions has left confusion and misunderstanding in its wake. Here are five areas of the law that seem to suffer the most in translation.

November 11, 2014
The 5 Biggest Search-and-Seizure Myths

Photo: Mark W. Clark

6 min to read


Ever since the U.S. Supreme Court made the Fourth Amendment exclusionary rule binding on the states in the 1961 decision in Mapp v. Ohio, thousands of published decisions from state and federal courts have applied the exclusionary rule to thousands of searches and seizures. It's no wonder the 50-year tidal wave of exclusionary decisions has left confusion and misunderstanding in its wake. Here are five areas of the law that seem to suffer the most in translation.

Myth 1: "I Need PC for the Stop."

Ad Loading...

This mistake is repeated ad nauseum in police reports, testimony, television, and movies. At least since Terry v. Ohio in 1968, it has been incorrect to link probable cause with temporary detentions. In Terry, the Supreme Court said that since vehicle stops and pedestrian detentions represent a lower level of intrusion on a person's liberty than an arrest, they can be justified with the lower level of "reasonable suspicion," rather than the probable cause needed for an arrest. Subsequent Supreme Court decisions have repeated this distinction.

"The police can stop and briefly detain a person for investigative purposes if the officer has a reasonable suspicion of criminal activity, even if the officer lacks probable cause. The level of suspicion required for a detention is obviously less demanding than that for probable cause." (U.S. v. Sokolow)

"PC for the stop" is an improper coupling that should not be used by law enforcement officers, lawyers, or judges, because it can lead to erroneous rulings as to whether or not a particular stop was legally justified.

Myth 2: "I Can Frisk Anybody I Stop."

What you do to make sure you go home walking and talking at the end of every watch is your call. But for Fourth Amendment purposes over in the courthouse, every pat-down search for weapons has to be justified by articulable suspicion that the detainee "is armed and presently dangerous to the officer or to others." (Terry v. Ohio)

Ad Loading...

This means that a weapons frisk does not automatically go with every stop you make. Instead, there's a two-step analysis that applies: (1) the stop (a seizure of the person) must be justified by reasonable suspicion that the person is involved in criminal activity, and (2) the frisk or pat-down (a search of the person) must be separately justified by articulable suspicion that the person may be armed and dangerous. Sometimes you'll be able to justify the stop, but not the frisk.

For example, if you see a pedestrian closely matching the distinct perpetrator description of an indecent exposure that was just reported nearby, you would have reasonable suspicion to detain for investigation, but in the absence of any reasons to think he might be armed, you wouldn't be justified in patting him down for weapons. This is why there is no such legal concept as a "stop and frisk."

Myth 3: "Pretext Stops Are Unlawful."

A narcotics suspect runs a red light in front of you, so you stop him. Subjectively, you're hoping to make plain-view seizures or get consent to search, or find some other way to further a narcotics investigation. Is the stop unreasonable under the Fourth Amendment, just because you used a traffic violation as a "pretext" to make the stop?

In Whren v. U.S., the Supreme Court considered just such a case, and the court said that an officer's subjective reasons for making a stop are irrelevant under the Fourth Amendment. All that matters is whether the suspect's conduct objectively justified the stop. Since a traffic violation justifies a stop, there is no need to inquire into the officer's subjective motivation for making the stop. "We have been unwilling to entertain Fourth Amendment challenges based on the actual motivations of individual officers." (Whren v. U.S.) And in Arkansas v. Sullivan, the court repeated that using justifiable "pretexts" to facilitate criminal investigations does not run afoul of the Fourth Amendment.

Ad Loading...

In other words, if you need to check suspicious activity but feel you may not have enough grounds to constitute reasonable suspicion for a stop, an observed traffic violation or other minor offense can be used to justify the stop.

Myth 4: "I Can Do A ‘Safety Sweep' Whenever I'm Lawfully Inside a Residence."

As with the weapons search discussed above, I don't feel called on to advise you as to the precautions you may decide are prudent to protect your personal safety. But as for the Fourth Amendment principles that will be applied in court, there is a parallel between the "safety sweep" and the weapons frisk. That is, just because you are lawfully inside a residence does not automatically give you the right under the Fourth Amendment to conduct a safety sweep in every case.

You may lawfully enter private premises for law enforcement purposes with one or more of four categories of justification: (1) search or arrest warrant, (2) valid consent, (3) search term of a resident's probation or parole status, or (4) recognized exigency. But those justifications only get you inside and allow limited actions associated with those justifications.

A safety sweep is not justified by the same grounds that authorized your entry, but by your reasons for suspecting that a potential assailant may be concealed somewhere inside, presenting a danger to you while you're there. The Supreme Court first laid down the standard for justifying a safety sweep (in connection with an in-home arrest) in Maryland v. Buie, saying this: "The type of sweep we authorize today is decidedly not automatic, but may be conducted only on reasonable suspicion that the house is harboring a person posing a danger to those on the arrest scene."

Ad Loading...

Lower courts have since applied the safety sweep exception in cases where officers were legitimately inside for reasons other than to make an arrest, but always requiring articulable suspicion of the possible presence of a potential assailant on the premises.

Myth 5: "I Must Get A Warrant to Search a Vehicle, Once It's in Exclusive Police Custody and Control."

Although search warrants are always the preferred justification for searches (U.S. v. Ventresca), they are not constitutionally required merely because you have the vehicle locked up in the police impound lot and have plenty of time to seek a warrant. Assuming you have probable cause to believe the vehicle contains contraband or the fruits, instrumentalities, or evidence of a crime, and provided you have lawful access (which you should, in your own impound lot), you may search anyplace in the vehicle and its contents that might contain the object of your search. (U.S. v. Ross)

In a series of decisions, the Supreme Court has found it necessary to repeat this rule several times, reversing lower courts that wrongly required warrants once the vehicle was in police custody. Examples: Chambers v. Maroney, Michigan v. Thomas, U.S. v. Johns, Texas v. White and Florida v. Meyers.

Verify Local Rules

Ad Loading...

As always, you should check with local advisors to ensure that courts in your local jurisdiction follow these U.S. Supreme Court rulings, because a handful of states place greater restrictions on police activity as a matter of state law.

Devallis Rutledge is a former police officer and veteran prosecutor who currently serves as special counsel to the Los Angeles County district attorney.

Subscribe to our newsletter

More Patrol

poeple dressed in dark clothing holding candles during a candlelight vigil.
PatrolMay 8, 2026

Fallen Law Enforcement Officers from Across the Country to be Honored During 38th Annual Candlelight Vigil on May 13th in Washington, D.C.

The National Law Enforcement Officers Memorial Fund (NLEOMF) will honor 363 fallen officers who have died in the line of duty as their names are added to the National Law Enforcement Officers Memorial during the annual Candlelight Vigil on May 13.

Read More →
Black small medical bag with supplies and a tourniquet at right on a wood table and a large headline at left What Should Be In Your IFAK?
Patrolby Wayne ParhamMay 1, 2026

What Should Be in Your IFAK?

What should every officer include in an IFAK? Sydney Vail, M.D., a veteran trauma surgeon and former SWAT surgeon, explains which components are needed and which are not, and stresses training.

Read More →
flashlight turn un and submerged in puddle with rain falling.
PatrolApril 30, 2026

Olight Releases 2 New Baton Variants & the ArkPro Ultra Onyx Black

Olight has added two new lights to the Baton Series, the Baton 4 and the Baton Ultra. One new Baton features up to 1,600 lumens on turbo, and the other 1,800.

Read More →
Ad Loading...
Black tactical helmet with bright explosion behind it to the left, Team Wendy logo top right, and headline Recon Tactical Bump Helmet
PatrolApril 30, 2026

Team Wendy Reveals New RECON Tactical Bump Helmet

Team Wendy’s new RECON Tactical bump helmet is configurable by color, retention, and accessories for rescue, tactical, and military mission needs. It features Zorbium foam pads, shell vents, and lattice cooling pads that balance impact absorption, airflow, and long-wear support.

Read More →
Black military style leather boot against a blue cobblestone background with a white Garmont Tactical logo.
PatrolApril 30, 2026

Garmont Tactical Introduces the T8 Specter LE Zip for LE Professionals

Garmont Tactical has a new 8-inch duty boot with a side zipper, the T8 Specter LE Zip. The boot is available now and features ankle support in a standard duty profile with polishable leather.

Read More →
Streamlight searchlight and a scene light on a tripod set against a darkened street scene and Streamlight logo across the top.
PatrolApril 30, 2026

Streamlight Launches LiteBox 1Million & Portable Scene Light III

Streamlight has launched the Portable Scene Light III (PSL III), which delivers up to 10,000 lumens, and the LiteBox 1Million, a one-million-candela long-range search light.

Read More →
Ad Loading...
Two camo magazine puches against a blue tinted police background and a logo for Tasmanian Tiger.
PatrolApril 22, 2026

Tasmanian Tiger Introduces the TT SGL Mag Pouch Clamp M4

Tasmanian Tiger has launched the TT SGL Mag Pouch Clamp M4, an open magazine pouch engineered for M4/AR-15 platforms that integrates a plastic clamping device for secure retention and fast magazine deployment.

Read More →
Police officer in a darkened hallway holding a flashlight and headline 5 Things to Know When Buying Patrol Lights, and POLICE logo.
PatrolApril 16, 2026

5 Things to Know When Buying Patrol Lights

Whether it’s time to buy a personal patrol light or make the decision for the next department-issued patrol light, what do you need to know? How do you weigh the different variables and make the best choice?

Read More →
Group of men and women seated in a circle around a room as one woman stands and leads discussion.
PatrolApril 9, 2026

Warriors Heart’s Mission to Serve America’s Veterans and First Responders

Warriors Heart works closely with federal and community partners to expand treatment options for veterans and first responders. By combining specialized clinical care with a peer-driven recovery environment, the program helps warriors rebuild strength, restore relationships, and rediscover purpose.

Read More →
Ad Loading...
Black background with police card lights and logo for POLICE, with headline in yellow: How are LE Boots Different for Women
Patrolby Wayne ParhamApril 9, 2026

How are LE Boots Different for Women?

Boots fit differently for men and women, so how are law enforcement boots for women designed differently from those worn by men? In this video, Kyle Ferdyn, of Garmont Tactical, shares all the details.

Read More →