Question
Do police have the right to search someone if they came looking for somebody else?
I was recently searched and seized at a friend's house. We were smoking a cigarette next to the garage in the driveway and a cop pulled into the driveway and got out and asked the question to my friend, the one whose house it was, if he was (insert name)? He replied no that is my brother and he isn't here, he's been missing. The cop told him that his brother has a warrant for arrest for non payment of a public defender. Then the cop started to say that another person we were with looked "messed up on something". He then started to approach him and asked him if he had anything illegal and started to search him. They found his prescription medication along with a few other scripts that had not been acquired yet. The cop further tried asking him how many of them he has taken and if he needs to be placed in a hospital immediately, after he had already arrested him for it. He told him no. The cop started searching me and my other friend and had found the same medication in my pocket along with legal weed that I actually have a receipt for and a one hitter along with a receipt. He asked me what they were I said they were the same pills he has and he just gave me a handful for driving him to the doctor's office. Did the cop have the right to even start searching us in the first place? He was there for his brother and the cop did not think anyone was "messed up" except for the one that had the prescription.LawQA.com Answer Library
Answered By: Law Office of Peter F. Goldscheider
Close question. The answer is generally yes if the police are executing a warrant and others are present whom they have some reason to suspect could pose a threat to them. An experienced attorney would need to analyze the police report and bring a motion to suppress if you are charged with any crime.
Answer Applies to: California
Replied: 10/3/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/3/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Dennis Roberts, a P.C.
No they don't but who do you think the judge will believe, you or the cop. Get a lawyer or public defender.
Answer Applies to: California
Replied: 9/29/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 9/29/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Eric Sterkenburg
The police need probable cause to search a person that is not on probation or parole. The fact that your friend appeared under the influence to the officer is probable cause for his search. This is where it gets fuzzy. The officer will state on his report that he had probable cause for the search of you and your other friend. This may be his statement that you appeared on drugs or that you made statements or motions to each other that would lead a reasonable person to believe that you had evidence of illegal actives on you. You need an attorney to go over the facts and see if you have grounds for a suppression motion.
Answer Applies to: California
Replied: 9/29/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 9/29/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Daniel K Martin
The law has changed recently (within the last few years). Keep in mind that laws have become more and more strict over the last 15 years. What you have here is an example of a Terry stop or officer safety pat down. The most recent law says that an officer in a high crime area or in a situation that is inherently dangerous (one officer contacting multiple 'suspects' could qualify as an inherently dangerous situation) can conduct a pat-down search of people for officer safety. The situation as you have described it is not black or white, a defense attorney may be able to convince a judge that the pat-down was illegal. One thing about the law that people should know is that it is not cut and dry, there is a lot of gray area.
Answer Applies to: California
Replied: 9/29/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 9/29/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
More Questions on Criminal Defense
- Who should view the chemical test results first?
- Can I sell my house after bankruptcy?
- Can I dismiss the DUI case if I was not read my Miranda rights?
- Do I have to submit to any tests for a DUI arrest?
- Can I settle for a public defender to handle my DUI case?
- Can I be charged with DUI without driving?
- Do varying offenses of DUI last differently on your record?
- How long will it take to process my DUI charge?
- Can I get limited license if I got my license suspended?
- Do I really need an attorney to fight a DUI case?
- Is there a chance to get a plea bargain for the DUI?
- What is the short term penalty for a DWI?
- Should I ask for an attorney first before agreeing to any test?
- Is there a way for me to lower down penalties for DUI?
- What happens after I am given a court order probation?
- How can I defend myself from DUI?
- Can I refuse a sobriety test?
- Is it considered as a DUI if I took a prescription drugs and drove?
- What are my chances to win against a DUI charge?
