What constitutes an illegal search and seizure?

My girlfriend shoplifted in one store that I did not go into and had no knowledge of her doing so. We entered another store where she was followed by security until the police showed up. She told them that I had no knowledge of her stealing and the police told me to turn around and searched me without asking permission and did not mirandize me after I was arrested for a baggie with meth residue and pipe. Was this search a legal one?

Asked on September 2, 2013 under Criminal Law, North Carolina

Answers:

Maury Beaulier / MinnesotaLawyers.com

Answered 7 years ago | Contributor

Any search is bound by constitutional provisions tha it cannot be conducted in an unreasonable manner.  What is generally unreasonable depends in the ciircumstancs.  In most cases, a search warrant is required, but there are numerous exceptions to that requireiment.

 

Your case would have to be reviewed to determine the viable challenges to the search. Your post, on its face, suggests that a Motin inLimine to suppress the evidence based on the search should be filed. 

Maury D. Beaulier

Attorney ay Law

(612) 240-8005


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