Home     Law Advice     Insurance Advice     Community    
Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
Go Back   FreeAdvice Legal Forum > CRIMINAL LAW & PROCEDURE > Arrests, Searches, Warrants & Procedure

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 04-09-2008, 02:37 AM
Junior Member
 
Join Date: Apr 2008
Posts: 1
Question

Legality of Physical Searches - Assault?


What is the name of your state? Washington

Two friends and I were recently in a gas station purchasing food. One of my friends takes out his cell phone, reads a text, and puts his it back in his pocket. A cop who was waiting in line at the cashier comes over and pats my friend's pockets down, and then when asks him what he put in his pocket. He replied that it was his cell, and takes it out to show the cop. The cop replies: "I thought you were shoplifting."

Is it within the cop's rights to touch my friend BEFORE asking him what he put into his pocket? I feel that, without first confronting him verbally, this was an invasion of his privacy. Was it? Also: because it was his front pants pocket - near his crotch - could this constitute assault or sexual assault?

There were no repercussions, but I live in a community where irresponsible driving / speeding is a noticeable problem and if cops are ignoring problems on the road to perform illegal searches, I intend to take some action.

Thanks.
  #2  
Old 04-09-2008, 12:01 PM
Senior Member
 
Join Date: Jan 2001
Posts: 12,067
Quote:
I intend to take some action.
You can't do nothing, it didn't happen to you. The relationship between traffic control and shoplifting are irrelevent. Have your friend file a complaint against the cop, nothing else in your post matters.
__________________
If you feel my answer is rude, mean, snarky or in anyway not to your liking, I did my job. You don't need to tell me.

No private messages, I do not reply to them.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 06:43 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.