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Hey guys, it's Anthony Bandiero Here attorney and senior legal instructor for Blue to Gold law enforcement training, bringing a roadside chat. This question comes from an officer in Colorado. And the question is, can police search a shoplifting suspects purse for evidence without making an arrest?

And the answer is going to be yes. Definitely, as far as yes, in Colorado, but I believe the answer is yes, everywhere. But let's go through this. Now. Generally speaking, if you have probable cause for somebody, right, and you search them, and you find evidence and you arrest them, Most courts are going to call that a search incident to arrest but Anthony, the search came before the rest that didn't come incident to well, the supreme court requires that the search be contemporaneous, which courts have interpreted to be either right before or right after, you know, generally speaking, however, when you're not going to make an arrest, the PC search is generally authorized under exigency, right? Because when you stop out somebody do you really have you have probable cause that they have evidence they're going to cite and release them or whatever. Do you really have enough time under the circumstances to go get the warrant? Probably not most horses just fight on their agency. And here's the background. So got this batch to $1 General stain that they caught something you know, they saw something stealing makeup and putting in a purse now first of all, we know we got a classy girl, you know, I'm saying if you got a suspect who's stealing makeup from the Dollar General. Ah, that's gonna be a that's a good looking lady right there. Okay, look, she's gonna look like a clown after she puts that makeup on. But I digress at least be a little more bougie. You know, I'm saying like my wife, and you know, get it at least from Walmart. Or if you're really nice, Tarjay. But I can, I will continue. They knew she put in her purse. ...