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Search request in public park?

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jim123

Junior Member
What is the name of your state (only U.S. law)? Nevada

On the fourth of July I was headed into a public park (not a private park) to watch fireworks. The police stopped me and asked to search my bag to make sure I did not bring alcohol. I refused permission and then the police said I would not be able to enter the public park if I refused a search. My question is: Is it legal for the police to require me to leave a public park because I refuse a search? And what is the difference between not allowing me into a public park and not allowing me to cross a public street because I refuse a search? The whole thing seems very questionable to me. Please include the name of any cases that support your opinion on this issue. Thank you.

What is the name of your state (only U.S. law)? Nevada
 
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Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Nevada

On the fourth of July I was headed into a public park (not a private park) to watch fireworks. The police stopped me and asked to search my bag to make sure I did not bring alcohol. I refused permission and then the police said I would not be able to enter the public park if I refused a search. My question is: Is it legal for the police to require me to leave a public park because I refuse a search? And what is the difference between not allowing me into a public park and not allowing me to cross a public street because I refuse a search? The whole thing seems very questionable to me. Please include the name of any cases that support your opinion on this issue. Thank you.

What is the name of your state (only U.S. law)? Nevada
Yes, it's legal. The park may be public, but the even wasn't.
 

CdwJava

Senior Member
It sounds questionable to me. Unless the park had limited access (such as through a single gate or some such thing) and some sort of ordinance enacted to support such a condition I can't see where they could legally REQUIRE a search as a condition of entry.

I may be missing something (I'm tired, it's late, and I just got off work), but I just do not see that as entirely legal in an open, public park.
 

Ohiogal

Queen Bee
It sounds questionable to me. Unless the park had limited access (such as through a single gate or some such thing) and some sort of ordinance enacted to support such a condition I can't see where they could legally REQUIRE a search as a condition of entry.

I may be missing something (I'm tired, it's late, and I just got off work), but I just do not see that as entirely legal in an open, public park.
I can. they do searches at the city park in town all the time. usually it is posted that to enter for the event is consent to search. If you don't enter you don't consent. If you don't consent, you don't enter.
 

swalsh411

Senior Member
I wonder (and I don't know the answer) if the police specifically said they were searching for alcohol (assuming it's against the park rules) and they found some other contraband (illegal drugs, severed human head, etc) if that would be admissible as evidence since they only said they were looking for alcohol. If it would be, then what's to stop the police from searching people carte blanche with the justification that they are looking for something that is specifically against park regulations?
 

CdwJava

Senior Member
I wonder (and I don't know the answer) if the police specifically said they were searching for alcohol (assuming it's against the park rules) and they found some other contraband (illegal drugs, severed human head, etc) if that would be admissible as evidence since they only said they were looking for alcohol. If it would be, then what's to stop the police from searching people carte blanche with the justification that they are looking for something that is specifically against park regulations?
If the search is otherwise lawful, then ANY contraband found is good evidence.
 

CdwJava

Senior Member
I can. they do searches at the city park in town all the time. usually it is posted that to enter for the event is consent to search. If you don't enter you don't consent. If you don't consent, you don't enter.
I strongly suspect they do it because no one has challenged the legality of it. I doubt such a blanket implied consent policy would stand Constitutional challenge.

Many local ordinances are old, exist because they have not been challenged, and are poorly written.
 

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