Legal Question in Criminal Law in California
can a minor be searched by police for curfew violation
4 Answers from Attorneys
A person can be searched if there is probable cause. Thereis not enough information to even guess.
Anybody can be searched when stopped, for 'officer safety' reasons, and/or for 'suspicion of contraband or weapons'. If you are arrested, then you can worry about trying to suppress any evidence found in the search that resulted in your arrest. If serious about hiring counsel for such criminal case, feel free to contact me.
An officer can do a pat down search during a police stop, in what is commonly called a "Terry" stop and frisk. I don't know how extensive the search was, however, that you ask about.
If the officer is going to transport the minor he/she can either search the minor for officer safety purposes or pursuant to an arrest. Mr. Nelson is correct that they search can then be challenged in court.
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