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Unless they had probable cause to believe there was a bomb, that's absolutely no excuse for a search. Might as well just get rid of the fourth amendment altogether if police can just imagine the possibility of a dangerous object and excuse searching anything at any time.
If she really thought there was a bomb, she is recklessly handling this herself instead of calling in a properly trained and equipped bomb squad. But far worse, she claims she needed to check it so as not bring a bomb to the station, but apparently has no problem potentially handling a bomb around a bunch of innocent bystanders.
That she is lying in order to justify what she knew to be an illegal search is actually the least damning interpretation. Either way though, the evidence should be thrown out along with her career.
That's the bullshit issue with probable cause. A "hunch" is proof enough and can range from good instincts to racism.
Not always. Well, maybe it depends on the jurisdiction. But, for example, stopping and searching cars has a lot more leeway than searching a house. Maybe searching people in public is the same? I remember New York has/had that stop and frisk law.
Of course I am not arguing against you, as I agree that it’s all bullshit and unconstitutional. This case especially. People have gotten off for much less technicalities, and yet Mangione is still on trial. He will never see a fair trial.
Different levels of search. A "weapons pat down" does not constitute a search requiring a warrant or probable cause. Even then a weapons pat down can only be initiated on a detained or arrested person. The former simply requires "reasonable and articulable suspicion" that crime is afoot. That's a lower bar than probable cause but should be more than just a hunch.
They're also given lots of leeway under the guise of "officer safety" to do weapons checks on people and the driver's area of a vehicle during a traffic stop for example. Not sure how that applies to something like a backpack though but it seems most judges prefer erring on the side of police in most cases.
And a tip is more than a hunch. I'm sure there was some illegal conduct during the arrest, but I don't think this is it.
A tip is absolutely not "more than a hunch". I can't recall all the finer details about what elevates a tip from essentially "random gossip" to RAS or even PC, but it's not as simple as cops receive a tip means they can search you.
Ah yes a hearsay hunch. Nobody positively ID'd anyone before submitting a tip. It's still a hunch.