My 6 yr. old son was w/ his father, on a freeway, he got pulled over for a cracked windshield the police officer searched his dad, then told him to face the police car, the officer then told my son to get out of the car and put his hands in his pockets and searched him, with out asking his dad, or for that matter asking me his mom who has full custody of him, is that legal? No they did not find anything on them, and despite all that, the officer impounded the car for no proof of insurance, and left my 6 year old and his dad on the side of the freeway, what can I do about this, it makes me very angry to think they can do things like this, and expect kids to respect them, any suggestions?
2007-10-28 05:35:11 · 11 answers · asked by JR 6 in Politics & Government ➔ Law Enforcement & Police
I would nicely but strong complain to the police department. I would write a formal complaint to interal affairs. He shouldn't left your son and his father on the side of the road. That sound like a Police officer that has problems. They are allow to search your son if you or his father consent to it, if not there must be strong probable cause to search him. It should be with another police officer too, not by himself.
2007-10-28 06:18:34 · answer #1 · answered by Anonymous · 0⤊ 4⤋
A police officer can search anybody as long as they either have consent or probable cause. Or, if the officer believes the person being searched might be armed, they can perform what is called a Terry Frisk.
Not knowing the specifics of the situation, I could not tell you if the officer had any reason to believe the 6 year old may have been concelaing a weapon, or if the officer had PC, or if the man gave consent to have his son searched.
And even though you may have full custody, the father had him in his car, under his supervision, and, assumedly, with your permission and knowlege. The officer was not obligated to call you first.
My suggestions, if you want to pursue this, are to call the police station and ask to speak with the officer's supervisor. Although the officer may not have violated any laws, court decisions, or your civil rights, he might have violated the policies of his department. You can also consult a civil rights attorney.
Most importantly, you may wish to reconsider allowing your son't father to take him out. My hunch is that your husband has a past history that made the officer nervous. LEO's don't normally go from a simple stop over a cracked windshield to searching the occupants unless there is something else to the story.
If the officer overstepped the boundaries of his authority, then by all means, it should be addressed.
El Chistoso
2007-10-28 16:12:04 · answer #2 · answered by elchistoso69 5 · 0⤊ 1⤋
Yes it is legal for an officer to search a 6 year old without you being there. In the city we live in we have 8 year olds carrying guns, you think I am going to wait for you to get there before I search him.
2007-10-28 13:01:35 · answer #3 · answered by Steven C 7 · 1⤊ 1⤋
Ohiofire sounds like he is right. My question is what reason did the officer have for searching either one in the first place? Does your son's father have a criminal record or did he start mouthing off to the officer? Leaving them along the roadside was extremely poor judgement but how honest is the father?
2007-10-28 12:46:19 · answer #4 · answered by Lostandconfused 3 · 1⤊ 1⤋
Yes, it is legal for the police to do that.
As for them being left on the side of the road, maybe his father should have thought of that possibility before driving without insurance.
2007-10-28 13:05:10 · answer #5 · answered by Catnip 4 · 1⤊ 1⤋
The story sounds very odd. A craked windshield is not exactly a major violation. If it was impairing the driver's vision, it would be serious enough to warrant a pull over and questions. Not having proof of insurance doesn't, by itself, warrant impounding the car and it would be a matter of criminal negligence to leave citizens stranded on a freeway. Based on your side of the story, you should definitely report the incident to the police.
2007-10-28 12:56:18 · answer #6 · answered by fangtaiyang 7 · 0⤊ 4⤋
I do not need any parental permission to search any minor.... EVER.
Police can frisk anyone they have any reasonable suspicion may be armed or for ANY OTHER custodial situation for their protection.
And they can search anyone they have Probably Cause may be holding illegal contraband.
So, while I will not be able to argue the legal merits of WHY they were searched as I was not there........ No laws anywhere have ANY age limit on searches.
As far as the vehicle impound... In many states, driving with out valid insurance will get your vehicle impounded. Its the LAW.
And just because you do not like a law, such as having your car impounded because you are driving with out insurance, you must remember this:
The people request the law.
The Legislator writes the law and puts it in place.
The police are charged with enforcing the law that the people requested.
2007-10-28 12:49:14 · answer #7 · answered by Dog Lover 7 · 4⤊ 4⤋
They did nothing illegal by searching him.....although it doesnt sound like good judgement... if police were not allowed to search a minor without parental consent a drug dealer could simply have his kid hold his stash......or worse yet would be powerless to search a 17 year old they suspect has a gun in school
2007-10-28 12:40:09 · answer #8 · answered by Anonymous · 3⤊ 2⤋
Yes it's legal he can search a juvenile in the presence of a parent and his Father was present.
2007-10-28 12:44:43 · answer #9 · answered by Goldy 7 · 1⤊ 3⤋
They can search but in order to interrogate him, a parent must be present
2007-10-28 15:30:44 · answer #10 · answered by TURANDOT 6 · 0⤊ 2⤋