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pat mart

Guest
is it legal for highway patrolman, k9 to ask for consent to
search a person if there was no probable cause?
situation: my passenger lost her eye protection, i pulled off the side of the road and walked back to retrieve them. highway patrolman began investigation and found nothing wrong. at this point he ask me if i had anything illegal on my person, i said no. then he ask me if i had any illegal drugs on my person to which i said no. he then said he wanted to search my person for drugs to which i ask why? he then replied because thats what i do. he then restated his question, do you mind if i search you for drugs? to which i replied of coarse i mind. at this point he immediatly began to search me. motorcycle riding.
 


I AM ALWAYS LIABLE

Senior Member
pat mart said:
is it legal for highway patrolman, k9 to ask for consent to
search a person if there was no probable cause?
situation: my passenger lost her eye protection, i pulled off the side of the road and walked back to retrieve them. highway patrolman began investigation and found nothing wrong. at this point he ask me if i had anything illegal on my person, i said no. then he ask me if i had any illegal drugs on my person to which i said no. he then said he wanted to search my person for drugs to which i ask why? he then replied because thats what i do. he then restated his question, do you mind if i search you for drugs? to which i replied of coarse i mind. at this point he immediatly began to search me. motorcycle riding.
My response:

Of course it's illegal if the officer had no "probable cause" for searching you in the first place.

Did you get his name and badge number? Were you interested in taking action?

IAAL
 
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pat mart

Guest
yes,action

thank you so very much for your prompt reply.
this situation occured on 9/9/00 at 2pm in the afternoon. i've been to a preliminary hearing where my attorney established that there was no probable cause. now my question is, why was there a preliminary hearing in the first place? the states attorney had to know this. now my attorney says that we have to take it to a suppression hearing. since the officer found .012 ounces, as it turned out, of pot on my person. should'nt the states attorney have dismissed it right away? since i was illegally searched! I asked my attorney to retrieve the highway patrols video to prove to him that i was illegally searched. the video turn out to be of very poor quality of which i believe was manipulated. the audio is bad enough that we can't hear me objecting to the search or to read my lips telling the officer that i object. my attorney keeps refering to my body language as submissive. why do we have this cop out on our highways asking people to submit to a search when there is no criminal activity? i know an individual who was search by this officer because the car he was driving belonged to a dead person who was his dad. what should i do? fire my attorney and look for another? my attorney is suppose to send me a copy of the video of which i told him that i was going to analize to see if it was manipulated but my equipment is old and limited. please help! the two arresting officers are marquardt #147 and w.williams #160 of the s.d.highway patrol.
 

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