Under what circumstances can police stopand searchyou?

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Under what circumstances can police stopand searchyou?

I was standing by myself in a friend’s driveway counting my money. Police stopped me and search me. They found nothing on me but there was a bag of weed on the porch. Can they stop and search me? Also, can the the bag be charged to me?

Asked on September 30, 2010 under Criminal Law, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The police can stop and search a party when they have what is known as "probable cause."  Probable cause can be becasue they observed an action that they believed could give rise to or could be the result of an illegal activity.  As for the bag of drugs, if there is no link to you - you say that it is your friend's driveway and so I am assuming it is your friend's house - then I do not see how it can be linked except circumstantially:  counting money and finding drugs - see where this is going?  I would speak with an attorney about the matter to be on the safe side.  Good luck.


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