Legal Question in Criminal Law in Colorado
My girlfriend and I were at the flea market and she was accused by a store owner of using a counterfeit bill to buy a drink. I came over to the store and paid the charge for the drink and we went on our way. A few minutes later some man was harassing her about the bill and stating that he called the cops and she couldn't leave. Due to her having to get to class I told her I would stay and talk to the police. When they arrived the officer patted me for weapons and I gave her my id as well as the cash I had to prove it was real, she checked for warrants none existed. I explained what happened and then the first officer and another officer went and talked to the store clerk and when they came back the new officer said he was going to search me . I said no I don't approve because I was already checked , I have not committed a crime and you have no right ! He told me to put my hands on top of my head and I complied because I didn't know what else to do. The officer went into my pant pocket and I was then found in possession of illegal drugs and placed under arrest. Is this search legal ?
1 Answer from Attorneys
The first one, probably. The second one, probably not.
Outside of an arrest, the police have the right to do a "protective" pat-down to check for weapons. Once.
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