Is this illegal?

Question

A few nights ago, I was at a friends house and we were all drinking, but it got pretty late so I got 2 of my friends to walk me home. About halfway there, 2 sheriffs pulled over and told us to sit on the curb. They took our names and ages, etc, and tried to call our parents. (By the way, I'm 16, my two friends were both 17 yr old guys.) While one of the sherriffs was calling, the other one asked to search my purse. I was sober by then, so I told him no. He asked me about 4 times after that, every time I said plainly, No. He then said he was "sick of my bullshit", grabs the purse and searches through it anyways. Isn't that illegal?

that annoys me so much. i wish cops were actually fair, and didnt get the job just so they could have their little 2 minute power trips every so often.

Answer 1

Yes, it is illegal. But cops do it everyday and get by with it. If you are from a wealthy family then you could hire an attorney and pursue it. Otherwise the "crime fighters" will get away with it. You are lucky they didn't beat you all up. That is another typical criminal police behavior that is very common and almost always unpunished.

Answer 2

Let me see if I got this right. You are 16, had been drinking and probably smelled like it, and were probably impaired, even if you don't think so. You are on foot at a late hour with 2 other underaged kids, and you are actually suprised that when spotted by the police they were curious what you were up too. The officer had every legal obligation to detain you and search you. It is standard police procedure to search anyone you detain for suspicious activity, We search pretty much anyone in this situation for our own safety, primarily insuring that you had no weapons, and due to your behavior had probable cause to believe you had something to hide. By your own admission you had already broken the law, and they surely were suspicious of what you were up to. We ask if we can search your person or belongings for several reasons, but he had probable cause and did not have to ask. He sounds like he was rude, and there is no good reason for that, but he was well within the parameters of legality when he searched you. I would say that you are lucky he did not take you to jail. Remember that in most states, a minor does not have to have the legal limit of alcohol to have broken the law (Most states it is.08). If you have any alcohol in your blood, even a trace amount, it's illegal, and if you continue to do things like what you just described, get used to this, it'll happen over and over again. Think about it, and don't blame the cops for doing their jobs. You might not like what happened, but if you fairly consider the situation that YOU described, you gotta realise how it looked. Anyone who tells you that this was an illegal search does not know what they are talking about. It is absolutely legal, and standard police procedure.

Answer 3

It's a judgement call. In order for the search to be legal without your consent, the cop must have probable cause to believe a crime has been committed, AND that evidence of that crime will be found in your purse, AND that the evidence could or would be destroyed if he took the time to get a warrant. At that point in time he could have arrested you for underage drinking and searched your purse as a matter of course.

Without having made the arrest, he could have claimed that he also believed, on the basis of your behavior, that you were high, and was looking for drugs (which he probably was). If he had found drugs in your purse, the judge may or may not have allowed the evidence in at trial, depending on the exact circumstances and the story he told, and the skill of your lawyer.

Answer 4

I'm sorry. It's not illegal.

It sucks, but it's not.

You admit you had been drinking and you are a minor. That means you committed a crime. When they stopped you, you were a suspect who had been detained. They now had probable cause to search your purse despite the fact that you were "sober" "by then". If they suspected for a SECOND that you had ONE drink, they can search you for illegal substances because you already have shown them proof that you USE illegal substances (alcohol). The fact that he asked was just a courtesy. It was stupid of him.

Note: you weren't sober by the way. If you were drunk three hours before that you were still drunk alcohol takes over 24 hours to clear the system. You THOUGHT you were sober, but legally you weren't. Tricky, huh? That's why minors shouldn't drink. Even though we legal aged people make stupid mistakes when we drink, the chances are lower of those mistakes being fatal because we have more to lose.We don't get grounded or yelled at by our parents. We get arrested or lose our jobs.

I know you will hate this answer. It's not what you wanted to hear. Sorry.

But being able to take bad news also comes with adulthood. Consider your experience a lesson learned.

Or repeat it over and over.

Answer 5

Follow the link. It looks like the officer might be in his right, although he definitely did not have any manners...

http://www.landmarkcases.org/mapp/when.html

In particular, point 5 may apply: "If the police stop a car based on probable cause, they can search for objects related to the reason for the stop without obtaining a warrant. During a car search, the police are also allowed to frisk the subject for weapons, even without a warrant if they have reasonable suspicion that the suspects may be involved in illegal activities"

It is true you guys weren't in a car - but you were stopped, and the officer probably searched for drugs.

That said, it is a bad idea to get drunk and then stumble home when you are so much underage... what happened to orange juice and coolaid?

Answer 6

I'm not positive but I think he was within his legal rights. For one thing you had broken the law by drinking under age. When they "pulled you over" you technically were under arrest. The same thing applies when you're given a ticket, technically you are under arrest, only you are free to go as long as you pay the ticket within a certain amount of time. Anyhow, because he had suspicion of your breaking the law (being drunk) he could search you or your property with out a warrant. Similar to if a cop pulls someone over and sees a gun or open can of beer in the car. The officer has the right then to search the car.

Answer 7

If he didn't have a search warrant, then yes. The bad news is, I doubt there is much you can do about it. If the laws down where you are are anything like they are here, the authorities won't take the word of a minor who was at a party over an officer. Sad but true.

Answer 8

I'd say so....get a lawyer....Did you get the bozo's name?
Around here, we get a lot of cops from the big cities, who think they are the man, and anything they say, will stand up in court, no matter how dumb they are.
First of all, it's illegal search and seizure, and most importantly, they didn't have any right to stop you, unless there is a curfew out for minors.
As well, you could charge with harrassment, false witness, and even get the sheriff for badgering....let us know if you catch this guy....the buck stops here.

Answer 9

No its not illegal,if a police officer has a reasonable belief that someone is up to no good and to get a search warrent will take too long(by then you would have run away) he has full right to search you or your friends.
by the looks of it you where up to no good, underage drinking.but will you spend thousands of dollars in legal costs just to prove the man wrong?you are far under the legal age, what where you doing in the streets at that time drunk?

did your parents concent to you drinking? i dont think so because otherwise you would have spoken to them.

Answer 10

Well in NC i myself would not have searched your purse. But on the other hand your 16 and i would have arrested for under age possession of alcohol when you told me no and then you would not have the right to say no because of search incident to arrest rule.