Legal Question in Criminal Law in Virginia
Illegal juvenile search
Can a law enforcement officer Search (pat Down)a juvenile of the oppisite sex? By his own admission he was searching for marijuna And there was not another officer present.
Asked on 4/06/00, 11:27 pm
1 Answer from Attorneys
Michael Wilson
Michael T. Wilson, Attorney and Counselor at Law
Re: Illegal juvenile search
When asked why he made the "pat down" in any legal proceeding the officer's reply will be that he was merely "patting down the individual for his own safety." In other words he was checking for weapons. Your question does not give a total accounting of the circumstances under which the officer took this action. While it may have been more desirable to have the pat down done by a member of the same sex it is not required.
Answered on 4/20/00, 7:09 am
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