reasonable cause

[TheHire]

State of Nevada.

Can a person be charged for drug possession or underage drinking when the reason for questioning them is becasue their car had fit the same profile of a recent shooting?

Four friends were sitting in a car, when police surrounded it and started to handcuff everyone. The friends car had apparently fit the same profile of a recent shooting at a party. The officer charges one person for drug possession(took the weed) and another for having drank underage(didn't have a drink in hand at the time).

 

[Zigner]

State of Nevada.

Can a person be charged for drug possession or underage drinking when the reason for questioning them is becasue their car had fit the same profile of a recent shooting?

Answer: Yes

 

[TheHire]

Do police not need to have a reasonable cause to make that charge though, because their cause was looking for a shooter and had no cause for the other. Like it automatically gives warrant to search but if anything else is found that isn't related to the reason of looking for a shooter, then they can't charge for ther other. Or am I completely wrong on this and mixing something up?
I'm trying to better understand this.

Thanks.

 

[CdwJava]

State of Nevada.

Can a person be charged for drug possession or underage drinking when the reason for questioning them is becasue their car had fit the same profile of a recent shooting?

So, if what you are asking is whether or not the police - in the course of investigating a vehicle that matched the description of a shooting suspect vehicle - then the answer is, yes.

So long as they had reasonable suspicion to detain the person and that lawful detention resulted in probable cause to make an arrest for other charges, then all is good in the world.

Four friends were sitting in a car, when police surrounded it and started to handcuff everyone. The friends car had apparently fit the same profile of a recent shooting at a party. The officer charges one person for drug possession(took the weed) and another for having drank underage(didn't have a drink in hand at the time).

See above.

Oh, and if he had alcohol on his breath or there was alcohol present, it is likely that he was charged with possession if consumption is not a separate offense.

 

[CdwJava]

Do police not need to have a reasonable cause to make that charge though, because their cause was looking for a shooter and had no cause for the other. Like it automatically gives warrant to search but if anything else is found that isn't related to the reason of looking for a shooter, then they can't charge for ther other. Or am I completely wrong on this and mixing something up?
I'm trying to better understand this.

Thanks.

If they detain you lawfully for another offense and they find evidence of an unrelated crime, they don't have to just let it go!

Do you think that if they had found a dead body in the trunk of your car, they should have just let it go because they had detained you for something unrelated? It does not work that way.

 

[dave33]

The simple answer is yes. But, the only thing that makes the situation a legal arrest is the word of the officer. No offense to anyone on this forum. It does seem like saying you fit the suspect description of a recent shooting suspect or robbery suspect etc.. gives the police pretty much free reign over you and your belongings. "You fit the description" could be a very loose term. I would want more details about that situation,I think I would probably start at that point if I planned on not taking a plea.goodluck.

 

[CdwJava]

Certainly, if they want to hire an attorney and fight the case, the best place to start is the reasonable cause for the detention. Determining if a robbery occurred and how close the description fit the defendant's vehicle is important.

But! As the "four friends were sitting in a car" the police can walk up and make contact without reasonable suspicion. The police can contact anyone they want! What they need in order to detain is "reasonable suspicion" to believe that the parties detained are up to some criminal activity. Contact is NOT the same as a detention.

If, on contact - for whatever reason - they saw or smelled alcohol and saw that the occupants of the car were under 21 the police could then affect the detention and/or arrest as appropriate.