Illegal search

[jedclamppett]

In Indiana, my brother was illegally searched. Please help me reinforce this.
To make a long story short, my brother was the passenger and they were arguing and stopped along side the road. Shortly after an officer stopped them, their storys matched, but the officer persisted to ask my brother the standard procedure, (any wepons, drugs, bla bla) and he stated that he had a pocket knife. Like always, the police report sounds alot better than it actually happened, but the officer noticed a hard rectangular shaped box, and he asked what they were. My brother reached into his pocket and showed the cigarettes. After this the officer reached into the car and put his
hand over the top of his pocket area, and squeezed well enough to geuss that
it was an illegal smoking device without seeing it! My question is how can an
officer put his hands on you when your a passenger, and without probable cause? P.S. the officer asked him to pull out the knife, but the police report failed to mention! Police help!

 

[BelizeBreeze]

In Indiana, my brother was illegally searched. Please help me reinforce this.
To make a long story short, my brother was the passenger and they were arguing and stopped along side the road. Shortly after an officer stopped them, their storys matched, but the officer persisted to ask my brother the standard procedure, (any wepons, drugs, bla bla) and he stated that he had a pocket knife. Like always, the police report sounds alot better than it actually happened, but the officer noticed a hard rectangular shaped box, and he asked what they were. My brother reached into his pocket and showed the cigarettes. After this the officer reached into the car and put his
hand over the top of his pocket area, and squeezed well enough to geuss that
it was an illegal smoking device without seeing it! My question is how can an
officer put his hands on you when your a passenger, and without probable cause? P.S. the officer asked him to pull out the knife, but the police report failed to mention! Police help!

The search was perfectly legal.

 

[mycarlb]

people forget

Often people who are not obeying the law forget they have the right at any time to refuse to let the officer search them. I knew a girl from Albany who went to NYC and bought 3 pounds of cocaine, made an illegal u-turn leaving the drug house... the cops assumed what she was doing since she was a well dressed white girl in a drug infested neighborhood, but she actually appealed and WON her case because the cops, after pulling her over for the u-turn, blocked her in, and proceeded to tell her they had the right to search her vehicle... they did so - then called for a female officer to search her at the police station where they found the drugs... it was an illegal search because the cause for the stop was one of a simple traffic violation and they did not have "probable cause" to detain her. A cop's gut instinct isn't probable cause... they must see something illegal (if she had the drugs in the passenger seat) in order to detain... it makes me mad that she got off, but taught a lot of the officers a hard lesson in following procedure.

Remember though, it took a lot of money to find a high power lawyer to fight her case... if your brother had a pipe, or more than just cigs, then he needs to face the consequences of his actions and seek drug treatment...

 

[BelizeBreeze]

Often people who are not obeying the law forget they have the right at any time to refuse to let the officer search them. I knew a girl from Albany who went to NYC and bought 3 pounds of cocaine, made an illegal u-turn leaving the drug house... the cops assumed what she was doing since she was a well dressed white girl in a drug infested neighborhood, but she actually appealed and WON her case because the cops, after pulling her over for the u-turn, blocked her in, and proceeded to tell her they had the right to search her vehicle... they did so - then called for a female officer to search her at the police station where they found the drugs... it was an illegal search because the cause for the stop was one of a simple traffic violation and they did not have "probable cause" to detain her. A cop's gut instinct isn't probable cause... they must see something illegal (if she had the drugs in the passenger seat) in order to detain... it makes me mad that she got off, but taught a lot of the officers a hard lesson in following procedure.

Remember though, it took a lot of money to find a high power lawyer to fight her case... if your brother had a pipe, or more than just cigs, then he needs to face the consequences of his actions and seek drug treatment...

And THAT situation has nothing whatsoever to do with this case. ANY officer is allowed to do a 'pat-down' search of any suspect, which is what happened in THIS case.

The fact that the person being patted down admitted to having a knife is also sufficient grounds for the officer to conduct a search to protect him/her self.

I suggest you stop trying to decide what is and is NOT legal. You are sorely lacking in a full understanding of the law.

 

[mycarlb]

No, I am not sorely lacking sweety. I worked as an assist to the law clerk in a law library at Riker's Island for 2 years and I do know that you cannot just "pat" people down willy nilly. If the officer asked if you mind being patted down and you agree... then you have now opened the door to many other legal searches - which is what I stated... simply being parked at the side of the road is NOT cause to pat someone down. He had every right to say no... he didn't... and therefore was subject to any legal ramifications resulting from that pat down... UNLESS INDIANA IS A COMPLETELY DIFFERENT STATUTE - in that case my knowledge is definately zero... but in new york and new jersey it is not legal to just pat down everyone the cop sees...

we helped MANY people who were illegally searched... If I got a speeding ticket, the cop DOES NOT have any right to ask me to search my vehicle or my person! Being parked at the side of the road does not make any person a "suspect" as you stated... Suspect would mean that perhaps the vehicle the person was in was stolen, warrants were issued on the person...etc... then they become a "suspect"... arguing with your driver does not a "suspect" make...

So you are a lawyer then belize? I am not, I just worked for a paralegal... so perhaps she was wrong in what she taught me... if so then I stand corrected

 

[BelizeBreeze]

No, I am not sorely lacking sweety. I worked as an assist to the law clerk in a law library at Riker's Island for 2 years and I do know that you cannot just "pat" people down willy nilly. If the officer asked if you mind being patted down and you agree... then you have now opened the door to many other legal searches - which is what I stated... simply being parked at the side of the road is NOT cause to pat someone down. He had every right to say no... he didn't... and therefore was subject to any legal ramifications resulting from that pat down... UNLESS INDIANA IS A COMPLETELY DIFFERENT STATUTE - in that case my knowledge is definately zero... but in new york and new jersey it is not legal to just pat down everyone the cop sees...

we helped MANY people who were illegally searched... If I got a speeding ticket, the cop DOES NOT have any right to ask me to search my vehicle or my person! Being parked at the side of the road does not make any person a "suspect" as you stated... Suspect would mean that perhaps the vehicle the person was in was stolen, warrants were issued on the person...etc... then they become a "suspect"... arguing with your driver does not a "suspect" make...

So you are a lawyer then belize? I am not, I just worked for a paralegal... so perhaps she was wrong in what she taught me... if so then I stand corrected

Read the following then you come back and you tell US whether or not this INDIANA post fits what you were 'taught' by this paralegal.

CHRISTOPHER SEBASTIAN, Appelant-Defendant vs. STATE OF INDIANA, Appellee-Plaintiff

Or Wright v. State, 766 N.E.2d 1223 (Ind. Ct. App. 2002).

 

[mycarlb]

I stand corrected belize... you have my apologizes... as I said...perhaps I was not properly trained, or just that new york is very different...