Legal Question in Criminal Law in Pennsylvania

Ilegal Search
I have a friend who was stop by the cops because they stated that they received a call about a boy was beating his girlfriend, but never ask him was it him. so they proceeded to ask him his age due to the curfew time, he is 18, then the cop ask him what was in his bag and he told him just his sneakers and clothes, and the cop proceeded to search the bag and found drugs. so would you consider that an illegal search due to the fact that my friend wasnt smoking, didnt smell of weed. so what would give the cop a reason to search the bag. Doesnt the cop have to have a reason to search your private contents?

Asked on 5/30/09, 11:18 pm

John Davidson Law Office of John A. Davidson

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Re: Illegal Search

Well if the bag was in your wing span it maybe subject to search. The theory being the police have the right to make sure there isn't a weapon.

By saying anything to the police you have made it worse because they did find something in your bag.

Could the search be challenged? Yes will the challenge be successfully? I have no idea.

{John}

Answered on 6/01/09, 9:12 am

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