Right to search me?

[Ops]

What is the name of your state? CA

My friends and I were in the Jack in the Box parking lot and we saw the cops coming so some of my friends left but one friend and I stayed in our car and we were going to leave once they took off but the cops had my friend who was driving get out of the car.

They stripped searched him and then they did the same to me, I said to the cop why the **** are you searching me for am I under arrest? and he said No youre not im searching you for my safety. Does he have the right to do this? I felt ****in violated.

We were not doing anything on the parking lot just hanging around waiting for some other friends to meet us there.

 

[BelizeBreeze]

The search was NOT a strip search. Or are you delusional?

And the search was perfectly legal.

 

[CdwJava]

Unless they got him naked in the parking lot, it was NOT a strip search. And if the cops were going to contact you and your friends - and some of them split - he has every right to search you for weapons and to make sure that you are not a threat to him as he conducts his business.

Carl

 

[Sambo83]

Why did the police approach you? The police need a resonable suspicion of illegal activity in order to conduct any official police business with you.

 

[I AM ALWAYS LIABLE]

What is the name of your state? CA


They stripped searched him and then they did the same to me

My response:

They just wanted to see and feel those big, gorgeous 42DD breasts of yours!

IAAL

 

[CdwJava]

Why did the police approach you? The police need a resonable suspicion of illegal activity in order to conduct any official police business with you.

Uh ... not exactly. They need some sort of articulable suspicion to conduct a cursory search for weapons, but not to conduct "business". I can walk up to anyone and start talking to them - criminal activity suspicions or not.

Carl

 

[oob-a-keep]

Umm, ...well, I'd say that a "Terry search", or a quick pat down of your person, to insure that you were not carrying any weapons or knives or anything else that might pose as a direct threat to the officer and/or his well being is perfectly normal, and is legal for them to do. However, keep in mind that a "terry search" doesn't mean that they can go into your pockets, unless of course there is clearly something bulky in your pocket that protrudes and/or feels like a weapon or something that might be used as a weapon to harm the officer, ...they may ask you what it is, and depending on if they believe your answer, at least enough for them to be satisfied, then they may, or may not go into your pocket to retrieve it. Unless you are placed under arrest, then you have the right to say "No! Unless whatever you can feel in my pocket poses as something threatening to you, you may not search me".

For instance, ..if you had a silver dollar or perhaps a 50 cent piece in your pocket, then the officer patting you down can run his/her hand over the outside exterior of your pocket to try to identify what that item is, and they will most likely then ask you what that item is, ..they may even ask you to pull it out for them to see and to verify that it doesn't pose as a threat. They can't just start going through all your pockets digging around for just anything (unless there is clearly something giving them probable cause to do so), you have certain rights under the 4th Amendment that protect you from any kind of unreasonable or unnecessary searches, unless you are being, or have been arrested, then a "terry search" (pat down) is all that should be done. Once again, ...IT HAS TO POSE AS A POSSIBLE THREAT TO THE OFFICER.

oob

IAAL - Your response to this author was way "out of line".