Can cops search your backpack if you are walking at night?

Question

Because my brother and his friend were walking down the street at 11:30 at night and a cop stopped them and searched them and my brother's friend's backpack because our school was graffitied that same night.

Answer 1

Yes they can search you, your backpack, or your car just by going through the procedures.

The assault on your right to protection from illegal search and seizure began with the creation of the DEA. All any cop has to say is that he smelled pot or some other drug then he has probable cause. (Even if there is no such smell any of us will sometimes smell something that isn't there)

If you resist they just take you down to the station for a nice strip seach and charge you with obstructing justice or resisting arrest. Ridiculous charges but enough to keep you from getting a lawyer to fight the harassment because they just offer to drop all charges and let you walk. Unless you know Micahel Moore is nearby filming it just hand over whatever they want to search. Even if someone is stupid enough to have something illegal in there maybe they will let it slide or at least they can tell the judge you were cooperative. What they say to a judge does matter because they know him and you don't, they spend at least one day in court every week and if you think a judge is going to listen to your complaint over the word of an officer you are dreaming.

Now with the Patriot Act and Homeland Security Force virtually anything could appear "suspicous". The defintion is left totally up to the officer or agent what they deem is suspicious. Have you read this act? They could shoot you walking down the road if they had good cause to suspect you were about to do something dangerous. Just like they shot that missionary who freaked out when the plane was still boarding and tried to run off the plane. The first report said the witnesses only heard him say he needed his medicine. The nest day however everyone heard the guy say he had a bomb. This was a missionary and he's dead, and of course they didn't find a bomb or anything else illegal or harmful in his backpack.

If the police stop me in my car. I just wait for them to ask for license, registration, and proof of insurance. I wait for them to ask because being too prepared aggitated the cop mind. So, I just bend over, don't argue, and let them search anything they want. They will still retain me for an 30 minutes while they run my ID for warrants and I can only hope that there is no mistake in the computer. After that if I just sit and answer their questions they eventually let me go. This happens about once a year and I am a safe driver who hasn't had a ticket in more than 20 years. I do not even ask why they pulled me over. If they tell me I just nod and wait for them to wave me off so I can go home and see my wife.

So really, your protection from illegal search and seizure is gone. Have you seen Farenheit 911 yet? It's a bit partisan but has a lot of good factual info.

What you are experiencing in the US right now will go down in history as the period of unconstitutionalism. Yes I just made that word up. It will be in the same class as Nationalis/Nazis when they look back 100 years from now. Hopefully those books won' tbe written in Chinese.

I am probably a few year older than you but too young to have experienced Woodstock. I barely recall disco as a child. In my life time I have seen the US Constitution so violated that I do not even recognize the current US as being associated with one of the greatest protections of rights in the history of democracy. The US is not a democracy anymore. We vote and find out our votes are never even counted. They only sameple 1% of each district which will mathematcially predict the winner. We all saw what happened in 2000 when they actually had to count every ballot and determine its validity by a hanging piece of scrap paper called a chad.

In reality we vote for electors called delagates. They are supposed to represent your district in the electoral college but in reality can vote any way they like. As far as my research could tell they do follow the votes. But with the cost of getting elected you are only choosing from Coke or Pepsi anyway when you really just want to vote for some fresh water. RIght now it would be impossible for a constitutionalist to be elected president or for you even for you even to get a chance to for them. Right now people just vote for the one they hate the least thought the right is buidling a religion out of being one of them, special, all-knowing, and still pretending to believe that they have freedom.

America is only an idea today. The reality is that the place just does not exist anymore except in the heart's and mins of people. Now I will get off my soapbox in a second. But I really do not believe that we will see democracy return to America in lifetime, or even our children's. But, I do believe that some day they will restablish the Constitution of the United States of America, and the eagle will fly proud again.

Of course don't carry anything in your backpack that shouldn't be there. Just comply with as little emotion as possible. Don't ask any questions and just answer them with simple explanations letting them stay in charge but show no emotion that might be entertaining. Soon they will be bored and will go look for someone else to bother.

This at the same time when they know where all the drug dealers and robbers are, But those guys have gunes and will shoot back. Now if you are a cop making about as much money as a manager at the local KFC, who would you choose to spend your time making reports on?

Forgive the miss-spellings as I have grown dependant on the thing and now my letter looks like it was translated by an Albanian goat herder who learned to read and write from reading old paperback novels about the old west. I also just drank 5 cups of coffee and like most American's am not willing to stick my neck out to protect your rights because I have a nice home, a beautiful wife, we have no financial problems, and my check is deposited directly. In other words I am your average citizen. I am comfortable enough not to risk that to stand up for a student whose rights are being violated and there is not a darn thing I can do about it.

Answer 2

This really depends on the circumstances at the time. But to just pull up along side you and take your backpack and search it NO they cannot do this legally. BUT if they are stopping you while your walking down the street and they ARE investigating a call and feel that you may be holding a weapon yes they can look into the backpack. They can also pat you down.

Answer 3

That is considered an illegal search. It is legal for an officer to ask for ID for any reason and to search without a warrant if there is probable cause. However, if they were found near the school around the time of the incident it could be argued that the police had probable cause to search them. There needs to be a reasonable belief that a crime has been commited and that the people are linked to the crime to search someone without a warant.

It sound like in this situation its reasonable to search someone, but if you are just walking at night with a backpack then it is an illegal search.

Answer 4

I see a lot of people who posted don't know the law. I police officer can't just walk up to you and search you for no reason without you consent. To the person who said they searched your car for no reason, that's because you let them. If there's no reason for them to do it, just b/c they want to, then you have the right to say no, and legally, they can't......if they do, then THEY are breaking the law. They have to have good cause, for example....if you are walking down the road with a joint on ur ear, or something illegal hangin out of ur bag, things like that, then they can do it w/out your consent.....but if you haven't done anything, then no, they can't. It's called Illegal search and seizure. The confusing thing about this is....people think they can, but what they dont realize, is the reason they did it to them is b/c they let them. they will search you a lot of times just because they want to, and most ppl wont refuse it. they can't get a warrant to search anything without good reason too.

If you haven't done anything wrong, and they dont have just cause....and they demand you to do it.....then they broke the law....but if they asked you, and u said yes, then you let them do it, you gave consent.

Answer 5

They can't search a damn thing unless you have been read your rights and charged with a crime. This doesn't stop most cops, they assume that the people don't know the law and they take advantage of that fully.

Answer 6

yes they can. if they believe you are carrying something illegal, then they can. There must be reason of suspicion though. If there had been a burglary in the area, someone called and said that you were carrying something illegal, or you are a known felon who had been caught carrying illegal items before, then yes they can. If there is no reason for them to just pull you over and search you, then they are infringing on your rights and are liable of harassment.

Answer 7

They can search you, but to search your car or real estate property, they need a warrant.

Answer 8

Yes. They can search you any time. They can just say you did something suspicious or you resembled someone they were looking for or whatever.

Answer 9

Well even if they can't, if some cop comes up to you and asks whats in the bag you better not have any pot in there if you know what I mean.

Answer 10

If you let them.

Some places have curfews for minors, which is age discrimination. If this is your case I would form a protest.

Answer 11

yes i have had them search my car for no reason at all....but they can get away with a lot they should not be able to...they just have to say they were suspicious or something....