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Sativus
Brosef Knecht
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Registered: 04/20/08
Posts: 2,486
Loc: PNW
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Re: Knowing your rights: Surviving police encounters [Re: FurrowedBrow]
#1847 - 04/20/08 03:56 PM (16 years, 10 months ago) |
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Quote:
FurrowedBrow said: *Searches of a person - An officer may "pat down" a person being detained in order to check for weapons. This is known as a [wikipedia]Terry frisk. However, unless the officer has permission from the person being detained, has probable cause that person being searched is in possession of illegal items, or is arresting the person, the officer may not search.
My question is, what constitutes probably cause here? I've run into this situation, where a cop asked to search me, and I told him no. He said he had to pat me down to check for weapons.
I didn't have any weapons on me, but he felt an Altoid tin (which happened to have a joint in it), and asked if he could see the contents. I told him no, I'm just on my way home, I don't think you've stopped me for any reason besides the fact that it's 2 in the morning, and I'd like to be on my way.
He let me go (after trying to badger me into letting him see the Altoid tin for a few more minutes), thankfully. But I've always wondered, would it have been within his rights to demand to see the contents?
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Sativus
Brosef Knecht
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Registered: 04/20/08
Posts: 2,486
Loc: PNW
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Re: Knowing your rights: Surviving police encounters [Re: geokills]
#2940 - 04/20/08 06:53 PM (16 years, 10 months ago) |
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Quote:
geokills said: Stay confident and hold your ground. If they get you, they get you, but just keep your cool and exercise your rights. If and when it comes down to it, it'll be much easier for your lawyer to make your case if you consistently chose not to consent to an officer's requests and respectfully asked to be on your way.
This approach has kept me out of trouble on more than one occasion. If you have any drugs on your person, it's never a good idea to be disrepectful to an officer.
On one occasion, I had a hand-carved wooden one-hitter in my pocket that I forgot I had on me (or else I'd have chucked it along with my weed... which I receovered the next day ). They found it, and were getting ready to charge me with possession of paraphenalia, but I somehow convinced them that I only smoked non-weed herbs out of the thing. It helped my story that I had a bag of blue lotus in my pocket... I'm not sure whether it helped my story or not that my buddy said "Yeah officer, he makes a point never to smoke any weed out of that pipe." They ended up giving the pipe back to me ( ) then I ended up losing it a couple years later ( ).
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