There were no rights read, and consent was not asked. This was in New Jersey. The teenager was 15. No previous crime record. They were not arrested, but phone number, address, name, and high school location was. They were not told why they were being searched, only told that they "looked suspicions, and 'looked' like they were trying to break into a store." It was 11:02 pm. They had weed and a pipe (neither were found). Was the cop right?
2007-12-14 16:31:49 · 9 answers · asked by matt n 1 in Politics & Government ➔ Law Enforcement & Police
Yup, cop was right. You were minors out after curfew. That gave them probable cause.
2007-12-14 16:35:38 · answer #1 · answered by raichasays 7 · 0⤊ 0⤋
you do not need your rights read until you are arrested and even then you will not get your rights read to you until you are interrogated. i dont have enough info..but the legal thing would be a terry frisk. not a search..unless as he frisked your friend he felt something in his pockets that he had enough experience in his training to know what it was only then can he go into a pocket. if your friend looked suspicious that does give the officer the right to do a terry frisk (just feeling the outside of the person cant go in pockets) is there a curfew for your city at 11? that also makes your friend suspicious only being 15 and out that late on the streets by closed businesses. and maybe there have been break-in's recently and your friend fit the bill and the cop was just doing his job. be happy your friend wasn't caught with the weed and pipe.
2007-12-14 16:40:21 · answer #2 · answered by sugar 4 · 2⤊ 0⤋
Teenager out late? Police did quick background questioning to see what he said. search was for officers protection- checking for weapons. Weed and Pipe not found?- officer probably felt it and knows he had it but it wasn't a weapon or tool to break in some place so police let it slide, quantity not worth the paperwork. Teenager noted on incident report so the name, description is available for future use if needed. If answers were clear and indicated relatively straight subject no need to question further after weapons check and identification established. Police doing job - general duty to protect public.
2007-12-14 17:03:35 · answer #3 · answered by Anonymous · 3⤊ 0⤋
They had weed and a pipe but neither was found?
Then yes the cop was right. And clumsy.
The technical answer to your question is to determine whether there is a 10PM or 11PM curfew in that municipality. If so, then yes on the grounds of curfew violation.
2007-12-14 16:37:21 · answer #4 · answered by The_Doc_Man 7 · 1⤊ 1⤋
If the cops thought they were trying to break into a store, that is probable cause for search.
2007-12-14 18:26:01 · answer #5 · answered by Anonymous · 0⤊ 0⤋
When aproaching someone on the street you never know what you might be encountering so for the officers safety we often cuff and patt down anyone before we talk and askquestions so they don't pull a weapon or try to run ever tried to run with your hands behind your back. Its not an accusation it is just to be safe.
2007-12-15 05:12:08 · answer #6 · answered by quickgun 3 · 0⤊ 0⤋
A cop in any state can search pretty much anyone when they feel like it. However they would have to give probable cause. They don't have to read you your Miranda rights for that.
2007-12-14 16:40:34 · answer #7 · answered by columind99 6 · 0⤊ 0⤋
if you werent arrested why would they read you your rights? and yes the cop was right. kids that young hanging out infront of a store looking into the windows does look suspicious. plus it was past 10:00pm
2007-12-14 16:55:30 · answer #8 · answered by Dont get Infected 7 · 1⤊ 0⤋
Yes.
2007-12-14 18:28:45 · answer #9 · answered by Toodeemo 7 · 0⤊ 0⤋