isn't it illegal to search my bags without a warrant or my consent?

Question Details: I was walking in NYC with a grocery bag full of marijuana. police car pulled up From the passenger seat a cop asked me if i had id. I told him yes. He then asked where are you from, where are you going and whats in the bag. i answered his questions and told him there was clothing in my bag. He then came out of the car and started to feel my bag. I asked why is he doing that and am i being arrested. He said no and keep going for my bag to touch and feel it. I asked him why was he doing that and what did i do that he was questioning me. He hadnt seen what i had yet and arrested me. Can i beat it

Asked 7/27/2009 under Criminal Defense | 380 View(s) | More Legal Topics

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Criminal Defense Law Answers

Darren M. Shapiro / The Law Office of Darren M. Shapiro Answered 2 years ago | Contributor with 0 answers This attorney is licensed in New York

Thank you for your inquiry.  I am a New York Criminal Defense Attorney.  The government would need to show that they had reasonable supiscion to do a stop and frisk.  There are potential suppression issues in your case.  Give me a call if you want to discuss your situation.  It would be my pleasure to speak with you about the case.  Darren M. Shapiro, Esq. 631-882-3140.

Although I do not practice law in the State of New York, here are my initial impressions.  The general rule is that the fourth amendment prohibits searches without a warrant; however, the warrant requirement is subject to several exceptions, especially in the context of "stop and frisks", otherwise known as a "Terry" stop, named after the Supreme Court case of Terry v. Ohio.  To determine whether the search was illegal in this situation, it would be necessary to review the specific facts as contained in the police report.  In any event, however, you should discuss whether there is a valid suppression issue with your attorney and/or public defender in the interest of obtaining a favorable resolution to this matter.  Good luck.

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