GO ASK ALLISON - MYSPACE FRIEND ON SEARCH AND SEIZURE
Allison Margolin takes a question from her myspace friend about search and seizure
Allison Margolin takes a question from her myspace friend about search and seizure
Posted by Allison Margolin at 8:17 PM
Labels: ALLISON MARGOLIN LA'S DOPEST ATTORNEY, MYSPACE FRIEND SEARCH AND SEIZURE
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2 comments:
Uh, I don't know if that's correct. If an officer comes up to you and asks to search, you can refuse. The officer has to have some sort of reasonable suspicion to stop you, and even then he/she can only pat you down (presumably for weapoons). You need a lot more to constitute a 148 (resisting). Without an arrest, 148 usually occurs when an officer is trying to do his job (clear people away from a scene, for instance), and someone interferes with his/her job - then you're impeding the officer's execution of his duties. But a 148 for just refusing to be searched, without some serious justification? Nah. Besides, no jury is going to convict someone who refuses to be searched - unless they find something.... :-)
First of all, I was talking about the reality of a person on the street where an officer wants to search you. Of course, legally the officer must have articulable and reasonable suspicion. However, simply because an officer does not have legal justification does not mean he/she will not search anyway. I am giving advice for what to do on the street or in your car if an officer wants to search.
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