Criminal Law/unlawful search

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Expert: - 11/6/2004


Question
Thanks for your timely answer ,was very quick,can a person be searched by assumption? Or can a routine traffic violation be cause to search a person,when the tabs were the only wrong doing?-------------------------
Followup To
Question -
Hi, long story short,walking across the street from my car at 11;00pm Officer drives by,see's me,turns around,looks for me,{on private property I was on} he didn't enter property,leaves.As I returned to my car for a few things,[i saw him parked aways away]He then pulls upp at a high rate of speed, stops, shines spot light, and with gun drawn askes "what's going on". I told him I was metal detecting. He then asked for my name and for my ID. I told him my name and that I'd left my ID in my wife's car. Then we were approched from behind and handcuffed. Is this proceedure? I know that the police had not been called by any of the area residents. I had permission to be on the property. I was seen near my car which had illegal tabs. There was no evidence of any harm to any persons or property. Does this give the police the right to pull a gun on me, handcuff and search me? The officer claims I was being uncooperative. Accured in Washington state.
Answer -
Hi Rob,

   My function on this site is not to second guess police officers or make judgements about whether the actions of officers are proper.  Without hearing both sides of the story or witnessing the event there is no way that I could honestly say anything about this situation.  I hope that you understand my position.

Answer
  I am not sure that I understand your question but I will take a chance here.  The fourth amendment protects citizens from unreasonable search and seizure.  If a police officer, by virtue of his experience, the circumstances, time of day, etc, has probable causes and is able to articulate that probable cause in court then he has the right to conduct a search of a person or car and whatever contraband that he finds would be admissable in court.

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Jack Toomey

Expertise

Please do not ask me about potential jail sentences that you, your friends, or family might receive in court. There is no way for me to know that. Only a judge could answer a question like that. I am also NOT a probation officer or parole officer so I cannot answer questions that relate to parole or probation. Also please keep in mind that every state has different laws. If you are planning to ask a question about a specific law or criminal charge that pertains to your state only it could be difficult to answer. I also cannot give you legal advice on what to do or what not to do in court. Retired police officer with 26 years experience. Worked in the patrol division as well as over 14 years in the detective bureau. Investigated a wide range of crime such as murder, rape, robbery, theft, fraud, missing persons, and other very sensitive crimes. I am available to answer your questions about criminal law and especially as it applies to police work. I taught at the police academy for several years and am especially knowledgeable about search and seizure. Any question about criminal law is welcome! Please don't ask me to do your homework or ask me questions that obviously come from your teachers or professors. I also do not do online interviews or surveys. Young people need to gain face to face interviewing skills. Local police officers usually are very agreeable to assist in these assignments.

Experience

I am a retired police officer with 26 years experience. I investigated almost every type of crime including murder, rape, theft, missing persons, fraud, and domestic abuse. I am very knowledgeable about search and seizure and taught at the police academy for several years on a variety of subjects. I can answer questions that a lot of attorneys cannot since they do not have "street experience".

Education/Credentials
Bachelor of Science degree in Criminolgy from the University of Maryland.

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