Legal Question in Criminal Law in California

pulled over while walking and searched

Is it legal for police to pull you over while walking and search you with out probable cause, warrant or consent?

Is it legal for the gang unit to pull you over while walking, take your picture and put you on the gang file just because you are walking with a gang member.


Asked on 6/15/05, 11:44 am

2 Answers from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: pulled over while walking and searched

You may be pulled over and searched any time of day or night, with or without cause if you are under probation and its terms allow it.

If you're walking with a gang member, known by the police to be a gang member, you are in the public and the police may detain you for field identification.

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Answered on 6/15/05, 12:49 pm
Terry A. Nelson Nelson & Lawless

Re: pulled over while walking and searched

Yes, and yes. That is the consequence for being a gang member or 'hanging with one'. Change your 'friends' if you don't like being thought a gang member and hassled by police.

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Answered on 6/15/05, 3:10 pm


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