If I have already been detained for driving on a suspended license, does the officer have the right to search me?

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If I have already been detained for driving on a suspended license, does the officer have the right to search me?

Asked on May 12, 2015 under Criminal Law, Illinois

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Since you were detained, the officer can do a search incident to an arrest.

If you were not arrested, but the officer had a reasonable belief that criminal activity was afoot, you can be searched and any weapons or contraband discovered during that search would be admissible as evidence against you.


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