What constitutes an unlawful search?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What constitutes an unlawful search?
I was sitting in my friend’s car at about 7:30 a.m when 2 cops pulled up to us. They came over to us asking if they searched his car would they find anything, to which we replied, “No”. One cop then told me he would drive me to school and when we walked to his car he stopped and told me to put my hands behind my back. I replied, “I’m a minor, you can’t search me”. Then he proceeded to search me, and Istated once more that I was a minor. He found a bag of marijuana (about .3 grams). I was than arrested. I am 17 and there was no probable cause for a search.
Asked on November 9, 2010 under Criminal Law, New Jersey
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You didn't indicate where you were when sitting in your friend's car. Were you by the school or away from the school. Police have less than probable cause burden. They also have articulable suspicion. You need to speak with a criminal defense attorney about the fact you were a minor. But, if you or your friend raised in some way (by your actions or location during the early morning hours of a school day) articulable suspicion that you had contraband (weapons), the police can lie to you to get you out of the car and pat you down. If they feel something and find it (thinking it is contraband), then the search and seizure are most likely legal. A criminal defense attorney will go over all of the facts, review the police report and decide what is the best route for you.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.