QUESTION
Can the police go into my pockets if I'm not under arrest
Asked on Jan 18th, 2016 on Civil Rights - Arizona
More details to this question:
I was pulled over on a traffic stop I made it inside my apartments on private property I was harassed about drugs I was never placed under arrest the cops wet in my pockets took my money wallet I had a panic attack I was denied medical attention for over 30min they drove me behind big lots to two drug defective then back to my apartment the went into my house without my consent Made my family wait out side for over 30 minutes I was never charged they towed my truck off private property
1 ANSWER
Administrative Law Attorney serving Tucson, AZ
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Munger, Chadwick & Denker, P.L.C.
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If they had a good faith basis to believe you had committed a crime (and not merely a traffic violation), they would have had the right to arrest you and search your pockets. If not, then they should not have done so. Usually, the "punishment" for an illegal search by police is the exclusion of illegally-found evidence from the prosecution against the accused. But in this case you were not charged, so the issue is moot.
Answered on Jan 21st, 2016 at 5:38 PM