Legal Question in Criminal Law in Florida

got stopped on a bike after hours with no lights on the bike. name was ran no outstanding warrents name was clean. office asked to pat me down for any weapons and ask me to take my hat off after my name was ran. cocain was found and i got arrested. was that legal. the pat down and all.

Asked on 11/07/12, 4:38 pm

1 Answer from Attorneys

Joseph Vredevelt Best Vredevelt & Associates
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This extensive pat down was not legal. They can pat for weapons for their safety but that is typically prior to any other investigation, and the removal of your hat was a search by definition. The cop was fishing and a motion must be filed in your case to suppress the drugs. If you have any questions you can contact my firm. 305.209.2357

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Answered on 11/07/12, 6:51 pm

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