Legal Question in Constitutional Law in California

probable cause or suspicion to search

I was sitting in amy car with a friend parked in a park's parking lot. An officer approached and asked why we were there. I told him I didn't have a bluetooth so I stopped to make a phone call. He asked me to step out of the vehicle. He searched me for ''weapons'' but found nothing. He then ordered my friend out of the vehicle and searched him too. Is that legal?


Asked on 1/05/09, 6:30 am

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: probable cause or suspicion to search

Whether the officer had grounds to detain and search you depends upon the information available to him at the time. For example, it's possible that you and your vehicle matched the description of suspects in a recent crime. It's also possible that the parking lot was closed at the time. Your question reveals only your perspective on what happened, which is not enough.

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Answered on 1/05/09, 2:14 pm


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