Legal Question in Criminal Law in California
Police search suspect prior to arrest and find drugs
Hi,
My friend was searched by before he was arrested. The police discoved a small bag of marijuana and charged him with possession.
I thought that pre-arrest searches were limited to searches for weapons because the officer is concerned about his safety.
Can the evidence of the marijuana be suppressed?
--name removed--Livingstone
1 Answer from Attorneys
Re: Police search suspect prior to arrest and find drugs
You haven't provided enough facts to say whether the search was justified, but I will assume that it was.
Even when officers are only allowed to search for weapons, they often find drugs or other contraband. Experienced officers recognize the feel of many different types of drugs through fabric, and they are not required to ignore drugs which they find while searching for something else.
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