When is it permissible to search a suspect?

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Searching a suspect is permissible once they have been placed under arrest because at this point, law enforcement officers have legal authority to conduct a search. The rationale behind this rule is that an arrest signifies that the officer has probable cause to believe that an individual has committed a crime, and searching a person at this time serves multiple purposes: ensuring officer safety, preventing the destruction of evidence, and safeguarding the security of the jail or holding facility.

In contrast, while a mere appearance of suspicious behavior may warrant further investigation or questioning, it does not give officers the right to conduct a search without additional legal justification. Similarly, a minor offense typically does not justify an arrest and thus a search may not be legally permissible. The threat of circumstances may lead officers to take precautionary actions, but without legal justification such as an arrest, a search is not warranted.

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