#1
Okay, so I already kinda posted this in the drug thread, but this is more of a legal question. Me and some friends were out walking in my friend's neighborhood at 2 am a few nights ago. Apparently, someone had called the cops about some group of kids shooting off fireworks nearby, which was not us. So the police came to the neighborhood and stopped us and asked us if we were the kids. We told them no. We weren't acting suspicious or anything, we were just answering their questions. Then the cop asked to search our pockets, and I'm sure if one of us had a bag or something he would've searched it as well.


I won't go into more detail about the misdemeanor I got in trouble for or anything, but was this a legal search? To my understanding, a cop should have a warrant to search unless he has suspicion of possession of a firearm. Is this correct?

Oh yeah, there was also no curfew in this neighborhood at the time, though there probably will be one now.
#2
I'd say the cop was being a prick but you would defo loose the court case if you tried to sue or press charges. Just be glad you didn't get it worse
#3
I believe they are allowed to search if they have "suspicion of illegal activity." I guess that if they think you might be the firework kids, then they could search you. But I could be wrong.
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#4
Yeah it probably won't help to bring it up in court but I think it might be worth a shot. The only punishment I'm getting anyway is like a few classes in this drug rehab thing (they found a pipe on me) and then the charge gets dropped I believe.
#7
I believe by the fourth amendment that was illegeal for him to do even though he had a report of probable cause he can't search you because you have no evidence that ytou were using any fireworks and if he gave you a misdemeanor you can take him to court over it.
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#8
I believe it was not a legal search. They should not have done that.
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#9
i think thats probable cause. So he could search you
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#11
It depends on the laws where you live I guess, but round here(England) they can only search your top layer of clothes, or somethin, without a warrant. So searching INSIDE your pockets and bags would have been illegal without a warrant
#12
No it wasn't an illegal search, at least not in the UK. There are no general police powers to stop and search but it may be exercised if a police constable is suspicious. Even if you told the truth, the police constable may have reasonable grounds for believing that you have lied, you being the only kids in that area, possibly. When he asked you if he could search, you can have said no.
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Last edited by Harmonius at Jun 17, 2007,
#13
Quote by puffycow
I believe they are allowed to search if they have "suspicion of illegal activity." I guess that if they think you might be the firework kids, then they could search you. But I could be wrong.


Then what would be the point of any law enforcment having to get a court order search warrant?
#15
no a cop can do a strip search on the spot if he feels its necesary, or wants 2 sexualy assault you
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#16
Quote by JDawg
Then what would be the point of any law enforcment having to get a court order search warrant?


Search warrants only happen in serious cases or cases of indictable offences.
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#17
Quote by AceOfBlades
It depends on the laws where you live I guess, but round here(England) they can only search your top layer of clothes, or somethin, without a warrant. So searching INSIDE your pockets and bags would have been illegal without a warrant


Not heard of 'stop and search' laws?

Legal here definitely, but you guys have weird laws about what is and isn't allowed. Either way, I support that he searched you. Nothing to hide, nothing to fear.

Quote by JDawg
Then what would be the point of any law enforcment having to get a court order search warrant?


Those are for property, not people. They need warrants to search buildings.
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#18
Quote by bikerboyjosh
no a cop can do a strip search on the spot if he feels its necesary, or wants 2 sexualy assault you


No, a police constable cannot do a strip search on the spot.
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#19
Quote by Inimical
If you said yes when he asked, then he was allowed.


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#20
Quote by Harmonius
No, a police constable cannot do a strip search on the spot.


He can if you agree, otherwise the only other option is to accompany them to the station and do it there where you have no choice.
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#22
Quote by Rankles
He can if you agree, otherwise the only other option is to accompany them to the station and do it there where you have no choice.


Not in the UK. It wouldn't be in public interest if that were to happen and it certainly couldn't take place on private land. The Police Station is the only option, otherwise a police constable may take off outer clothing, gloves and jacket. A strip search is classified intimate.
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#23
Nope, what they did was perfectly legal, you just got ****ed over man. Police are allowed to search as long as they have probable cause... the fireworks call. Ive been screwed over a few times by this before, it sucks, but its legal.

One time I was at summer school and the teacher misplaced her wallet after a visit to a vending machine (the fat bitch.) When the bus arrived back at my school, there was cops waiting in the parking lot and grabbed me as soon as I got off. They strip-searched me down to my boxers, and when they saw that I was both completely broke and not having a girly wallet on me they instructed me to "stay out of trouble" and were on their way.
The other time, me and my girlfriend were sitting on a playground near my house and I guess the police got a call saying that a bunch of teenagers broke into a house nearby. Nothing was found on us again, and once again we were instructed to "stay out of trouble" and they were on their way.

Moral of this story... very gay, very legal.
#24
Quote by absinthe5765
Nope, what they did was perfectly legal, you just got ****ed over man. Police are allowed to search as long as they have probable cause... the fireworks call. Ive been screwed over a few times by this before, it sucks, but its legal.

One time I was at summer school and the teacher misplaced her wallet after a visit to a vending machine (the fat bitch.) When the bus arrived back at my school, there was cops waiting in the parking lot and grabbed me as soon as I got off. They strip-searched me down to my boxers, and when they saw that I was both completely broke and not having a girly wallet on me they instructed me to "stay out of trouble" and were on their way.
The other time, me and my girlfriend were sitting on a playground near my house and I guess the police got a call saying that a bunch of teenagers broke into a house nearby. Nothing was found on us again, and once again we were instructed to "stay out of trouble" and they were on their way.

Moral of this story... very gay, very legal.


Your girlfriend was stripped down to her underwear?
#25
Quote by powerslave_666
Your girlfriend was stripped down to her underwear?


Yeah. In the UK and i'm sure other jurisdictions are the same, that would be illegal. First off, no strip searches may take place on private or public property and the constable searching you must be of the same sex.
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#26
So a group of people wandering around at 2am isn't suspicious? For all the cop knew, you might have been looking for somewhere to turn over, because everyone knows all kids are on crack these days, and also need money for prostitutes and soothing creams for the knob-rot you all have.[/Daily Mail]
#27
Quote by Harmonius
Not in the UK. It wouldn't be in public interest if that were to happen and it certainly couldn't take place on private land. The Police Station is the only option, otherwise a police constable may take off outer clothing, gloves and jacket. A strip search is classified intimate.


Ahh, I missed the strip part. Strip searches go without saying.
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#28
To my understanding, a cop should have a warrant to search unless he has suspicion of possession of a firearm. Is this correct?


Not if he has probable cause or consent.

Police are allowed to search as long as they have probable cause... the fireworks call.


The fireworks call does not constitute probable cause.

One time I was at summer school and the teacher misplaced her wallet after a visit to a vending machine (the fat bitch.) When the bus arrived back at my school, there was cops waiting in the parking lot and grabbed me as soon as I got off. They strip-searched me down to my boxers, and when they saw that I was both completely broke and not having a girly wallet on me they instructed me to "stay out of trouble" and were on their way.
The other time, me and my girlfriend were sitting on a playground near my house and I guess the police got a call saying that a bunch of teenagers broke into a house nearby. Nothing was found on us again, and once again we were instructed to "stay out of trouble" and they were on their way.


Neither of those searches are legal unless you consented.
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#29
Quote by Archeo Avis
Not if he has probable cause or consent.


The fireworks call does not constitute probable cause.


Neither of those searches are legal unless you consented.


Probable is the wrong word. Try reasonable and I would call it reasonable.
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