Legal Question in Criminal Law in Arizona
A friend of mine was at the casino awhile back and a indian reservation cop came in and said he was not suppose to be there that he was banned from the casino. The cop searched him and found meth on him. Then a employee (mgr) that worked at the casino said my friend was not banned a d the the cop arrested my friend and had him banned is this a legal search?
1 Answer from Attorneys
If your friend consented to the search he could be prosecuted for the possession of meth. If the police officer arrested your friend for trespass because he was banned, and searched your friend incident to the arrest he could be prosecuted for the possession of meth. If the police officer was mistaken as to the trespass,pursuant to the manager of the casino advising of such, then the arrest would have been unlawful and any contraband found would be subject to suppression as a result of the unlawful arrest.
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