If I am a convicted drug offender does that give police the right to search me on a routine stop?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I am a convicted drug offender does that give police the right to search me on a routine stop?

We’re stopped outside of a of a store
the other night they asked for our
names and we gave it to them without
any hesitation. Then they ran my name
and even though it came back with no
warrants I’m not on parole or probation
and we were just walking through the
parking lot minding our own business
they insisted on searching me because
my record came back that I am a
convicted drug offender. Do they have
the automatic right to search me
because of my past and what my record
says about me?

Asked on April 6, 2017 under Criminal Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, they do NOT have the right to search a person due to a prior criminal record without either 1) a warrant, or 2) some evidence of ongoing criminality (the smell of drugs on you; a glimpse of suspicious baggies or a weapon on your person; etc.) which would justify a warrantless search due what was in plain sight or sense. A person's past can figure into a warrant request--i.e. it can help persuade a court that, together with other reasons to be suspicious, there is "probable cause" of wrongdoing--but by itself, never justifies a search.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption