When can an officer begin a search of a person?

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The ability of an officer to begin a search of a person is grounded in the need to ensure officer safety and the prevention of harm. When an officer detects a weapon during a frisk, the situation justifies a search under the principles outlined in Terry v. Ohio. This ruling established that if an officer has a reasonable suspicion that an individual is armed and dangerous, a limited pat-down of the person's outer clothing is permissible to ensure that the individual does not have any weapons. The officer is only allowed to search for weapons, and the search must be limited in scope to what is necessary for safety.

In contrast, consent to a search or the discovery of evidence during a conversation does not grant an officer the authority to search unless proper legal standards are met. Similarly, the mere suspicion of a crime, without concrete evidence, is not a sufficient legal basis for conducting a search of a person. The focus here is on the immediate need to protect both the officer and the public when there is an evident risk posed by a weapon.

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