Legal Question in Civil Rights Law in Alaska
violating civil rights
Can a police officer search a person who is walking down a residential street? If in fact he was not commiting any crimes or on probation or parol. The officer was never given a consent to search and never gave a reason why he was conducting his search or stop.
1 Answer from Attorneys
Re: violating civil rights
the 4th amendment, applied to the individual states thru the due process clause of the 14th amendment, firmly establishes your personal right to privacy against unreasonable government (police) intrusion. however, the police have certain "search" exceptions that allow them to intrude upon your privacy on certain occasions. here, if the officer had "reasonable suspicion" that you were engaged in some form of criminal activity on the day/night of issue, then it can be permissible for the officer to reasonably detain you for questioning, as well as reasonably "frisking" you if they have a reasonable belief you may be carrying a weapon and they have a genuine fear or concern for their own safety at the time of the frisk. however, the officer may NOT single you out unfairly, or conduct a frisk specifically in search of drugs, etc...this would be an unlawful search in which you would have remedies if you suffered any damages or anything found was to be introduced in court against you. if you would like further assistance, you may contact us today.
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