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Searching Juvenile--good ol' haglers

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call me fish

Junior Member
I am a resident of California


I am 17 yrs. old, not on probation,have history of grand theft,intimidating witness,drugs, and commercial burglary.
I have done my time, off probation for 2yrs., and maintaining a job.

Prioror to all this they have stopped me numerous times late at night

Here is my issue:
Because off my job (commercial fishing) I am required to work some long hours at night and only a few in the day. This has changed my sleeping habits to a some what night owl life style. I occasionally go on a walk around 11:00pm or some times 2:30 am to wake my self up. One of these nights i had called a friend to barrow a movie but he said his parents were asleep so i should go to his window (wich is in front of the house).
A cop drove by and stopped me and did the usual gathering of identification.
He then asked if he could patt me for drugs and weapons and off coarse i said yes to a "patt-down" he then whent into my pockets with out consent. I did not struggle with him because i was innocent but i brought up my rights to be searched. He said that because i have a history and i am out past curfew, a pocket search was required to insure "OUR" safety. My brother who also works with me, was with me at the time and he is 23 yrs. old.
The cops often make threats off arrest unless "i just be honest" about crimes in the area, and i know nothing of them. it is not untill i threaten that my rights have been violated, do they let me continue on my walk.
I have been wondering if a search is resonable because i am out after curfew?
Does it make a difference if I am occompanied by an adult who has no criminal record?
Is there any thing i can do such as parent consent to be out late?
What are some rights that i have, that will keep me from being late to work/being haggled?

Would it be ok to do nothing more then give them my information,allow a patt-down if needed, and just continue on my way when the stupid questions start to be asked?
I am a high school graduate so no school work is affected by my late work hours.
 


JETX

Senior Member
I have been wondering if a search is resonable because i am out after curfew?
Of course, no one can answer that without knowing the full facts, but you can bet your standing up near a window at someone else's home would certainly make you suspect... and likely give them probable cause to stop, question and yes, even 'pat down'.

Does it make a difference if I am occompanied by an adult who has no criminal record?
No.

Is there any thing i can do such as parent consent to be out late?
No.

What are some rights that i have, that will keep me from being late to work/being haggled?
Simple.... Don't put yourself in a position for the police to 'haggle' you.

Would it be ok to do nothing more then give them my information,allow a patt-down if needed, and just continue on my way when the stupid questions start to be asked?
Perfectly okay.... if you want to face a chance of being arrested.
 

CdwJava

Senior Member
I am 17 yrs. old, not on probation,have history of grand theft,intimidating witness,drugs, and commercial burglary.
I have done my time, off probation for 2yrs., and maintaining a job.
Good for you ... though your history is a tad troubling. Hopefully you are also in some sort of therapy/counseling as well.

He said that because i have a history and i am out past curfew, a pocket search was required to insure "OUR" safety. My brother who also works with me, was with me at the time and he is 23 yrs. old.
The officer was wrong. Absent some other articulable facts, he had no right to dive into your pocket unless he felt an object there that he thought might be a weapon. If you had something that could have been a weapon (pocket knife, etc.) or was singularly articulable as contraband (meth pipe, for instance) then he had no legal right to dive in without your consent.

I have been wondering if a search is resonable because i am out after curfew?
A pat-down can easily be articulated in this circumstance ... any further search would require something more than the late hour.

However! Note that if you are out after curfew, you are subject to being taken into custody and under THAT circumstance, you can be searched entirely. So, if you are being held for a curfew violation, you are subject to a more thorough search.

Does it make a difference if I am occompanied by an adult who has no criminal record?
Not unless he is your parent or guardian, or whatever circumstance might permit your travel free from detention per curfew.

Is there any thing i can do such as parent consent to be out late?
Read the local law and abide by it. Maybe have your parents walk with you.

What are some rights that i have, that will keep me from being late to work/being haggled?
Haggled? Is someone negotiating with you?

Would it be ok to do nothing more then give them my information,allow a patt-down if needed, and just continue on my way when the stupid questions start to be asked?
Well, you can ask if you are free to go and you can refuse to consent to a further search, but just walking away will likely land you in juvenile hall.

And, of course, remember that curfew violations are against the law and they CAN take you in for that. If you refuse to allow a greater search, you risk being taken in for curfew and then getting searched anyway.

I am a high school graduate so no school work is affected by my late work hours.
Not relevant to most curfew laws.

- Carl
 

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