unlawful search?

[WRidlehoover]

What is the name of your state? California

i am seventeen years old. last weekend i was at a volleyball tournament and was was carrying a backpack containing alcohol and a fake i.d. During a game i set the bag down next to me because it was getting heavy, and mingled 5-10 feet away. next thing i know, i see officer 1 and officer 2 rummaging through my stuff. i walk over and question their search only to be met by handcuffs and a ticket for M.I.P. and fake i.d.

granted the backpack was somewhat unsupervised, but is this legal? Is it worthy of filing a civil complaint? I appreciate any help i can!

thanks

 

[seniorjudge]

...
During a game i set the bag down next to me because it was getting heavy, and mingled 5-10 feet away.
....

At this point, you lost any expectation of privacy (meaning, you lose).

 

[seniorjudge]

One more thing: There is no illegal seizure here so the search was 100% legal.

 

[WRidlehoover]

At this point, you lost any expectation of privacy (meaning, you lose).

so basically your telling me that if a backpack is not on my back then the police are free to search it?

 

[justalayman]

so basically your telling me that if a backpack is not on my back then the police are free to search it?

as it stood, there was no apparent owner so they could view it as abandoned. They can look into it to verify the owner.

In this day and age, I guess you are lucky that a SWAT team and the department of Homeland Security didn't come charging in with the bomb squad in tow.

(the last part is a bit facetious but only a bit.)

 

[Some Random Guy]

If its not on your back, in your hand, sitting on your feet, or within arms reach so you can shoo away people who want to rummage through it, then yes, it is unattended and can be searched. In the case of unattended bags in a public sporting event, it should be searched.

 

[tranquility]

At this point, you lost any expectation of privacy (meaning, you lose).

I generally agree. It is a facts and circumstances argument and not a matter of law to determine if the property has been abandonded. Since the OP did not see the officers search until the contraband had been found, I tend to agree.

One more thing: There is no illegal seizure here so the search was 100% legal.

I guess we'll have to argue this every time if you're saying an illegal search is "legal" if nothing is illegal is found and seized. There is no basis for this statement in the first place, in the second, the ID and alcohol were "seized".