Search and seizure rights.

[alex1232]

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

Ok. A few moths ago, me and a few friends were at the mall, and we are all ages 15 to 18, and my 16 year old friend is smoking a cigarette. And a police officer approaches us, and asks for our names and tells us ALL we are all under arrest because of the cigarettes. My friend who had the cigs, handed them over. She was also the only one smoking. The police officer told us we were in trouble. and told us he was going to search us all. so my friend asked if she may call her parents, and the officer said no. so my questions are. 1. once the cigarettes were handed over, was the officer allowed to search my friend that had them. 2. was the officer allowed to search all of us ( about 6 underage teens) 3. was my friend allowed to call her mother right then and there? and 4. If we ask for a parent, MUST the parent be there during a search?

 

[Mass_Shyster]

1. once the cigarettes were handed over, was the officer allowed to search my friend that had them.

Yes. PO had probable cause.

2. was the officer allowed to search all of us ( about 6 underage teens)

Maybe, maybe not. PO would need to articulate the reasons for probable cause. Your lawyer may be able to get the contraband suppressed.

3. was my friend allowed to call her mother right then and there? and

No.

4. If we ask for a parent, MUST the parent be there during a search?

No.

 

[CdwJava]

1. once the cigarettes were handed over, was the officer allowed to search my friend that had them.

As Stevef wrote, yes. There are at least two theories to work onb there - probable cause to believe there might be additional contraband, and probable cause to search incident to arrest.

2. was the officer allowed to search all of us ( about 6 underage teens)

That's a maybe. It will depend on whether or not he had articulable probable cause to justify the search. The usual remedy for a bad search is suppression of evidence. No evidence will likely mean nothing more than a personnel complaint.

3. was my friend allowed to call her mother right then and there? and 4. If we ask for a parent, MUST the parent be there during a search?

The police do NOT have to wait for a parent, nor must they permit a child to call a parent before a search.