What to do if I was at a friend’s house drinking and the cops came to the place and asked everyone for their ID’s?

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What to do if I was at a friend’s house drinking and the cops came to the place and asked everyone for their ID’s?

I am not 21, so I showed him my 20 year old ID and he immediately told me to put my hands behind my back. He then proceeded to handcuff me. It looks bad for being at the house for a party but at the time I did not have any drink in my hand. While handcuffed the cop searched my wallet and found a fake ID that I had been using. I ended up getting a ticket for possession of another’s driver’s license. I feel like the officer had absolutely no right to search my wallet and the fact that I gave him my actual ID under 21, he should have no suspicion that I have any other form of ID fake or not in my wallet.

Asked on March 22, 2013 under Criminal Law, South Carolina

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The search by the plice officer was valid because it was a search incident to an arrest.  The purpose of a search incident to an arrest is to find weapons or contraband.  While conducting a search incident to an arrest, the fake ID which was discovered would be admissible evidence against you.  A search incident to an arrest includes your person and areas within your reach.  No search warrant is required for a search incident to an arrest.


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