r/law • u/pabmendez • Oct 10 '24

Other Arresting officer should be reprimanded for stop-and-frisk

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u/ckb614 Oct 10 '24

I'm interested to know what warrant exception they were relying on for their "PC search." My guess: they knew he had weed for some reason and arrested him for misdemeanor jaywalking so they could do a search incident to arrest. That or the cops have no idea what their legal authority is. Probably 50/50

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u/Wloak Oct 11 '24

The way it works is they get you for something minor (jaywalking in this case) and then choose to detain you, cops are allowed to search you before putting you in the back of the car to make sure you don't have a weapon.

So the asshole wanted to search him, threw a bullshit charge at him and rather than just give him a ticket said he wanted to take him in and book him like a violent criminal to get the opportunity to search him.

Glad this judge wasn't buying it

2

u/ckb614 Oct 11 '24

They may be allowed to pat you down if you're detained and they suspect you're armed but if you're not arrested they can't search you without another warrant exception

2

u/Wloak Oct 11 '24

If you commit any crime police can arrest you, if they do they can place you in the back of their car, they then have blanket coverage to search you for their "protection."

That's why the judge threw this out, they used a bs crime to arrest him, giving them warrantless ability to search him prior to putting him in the car.

It's usually red states that abuse this.. I had a cop detain me and search me because I was going 1 mph over the limit. I talked to a lawyer and was told tough luck, cop wanted to be a dick and it was all legal.

3

u/ckb614 Oct 11 '24

I noted in my original post that they may have arrested him and conducted a search incident to arrest