Legal Question in Criminal Law in Maine

illeagle search

i was leaving a loacal bar it was dark and i had one beer

i proceded to my car which was parked in the back of a large lot

when i got in i opened up a cigerette pack that was conceling two marijuana ciggerettes

i took one out and grasped it in my hand

imidiatly a man dressed in plain cloths asked throgh my window what i had in my hand

i replyed "what"

as i rolled dowm the window he asked again what i had

he was getting very angry because i replyed what twice

he then said im the police show me whatis in your hand

i didnt belive him

he then showed me his badge which was tyed around his neck under his sweetshirt

so i showed him the joint that was in my hand he

he then procedded to write me a ticket for possesion

my question is can they peek through someones window and force evidence out of them like this?


Asked on 3/26/00, 11:45 pm

1 Answer from Attorneys
Hal Weisberger Law Office of Hal S. Weisberger

Re: illeagle search

As is always the case, alot more of the facts need to be known to definitvely answer the question. Generally speaking an officer can look through your window and see what is in plain view to be seen.

It is questionable whether it was legal for him to demand that you show him what was concealed in your hand. In order for him to have had the authority to order this, he would have had to have had a reasonable belief (not a hunch) that there was illegal activity occurring. He could have obtained this belief from something you did or said, or he may have obtained this from something someone else did or said.

Your lawyer will need to review the police report to see what reason the officer gave.

Hopefully this was helpful.

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Answered on 3/30/00, 5:45 pm


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