Legal Question in Criminal Law in Colorado

Re: Search and seizure during areest what's legal

In circumstances where the officer is going to take a person into custody, specifically if the officer is arresting that person, the officer can search that person and anything the person has with them - backpack, purse, wallet - incident to arrest. This is justified because the arrested may be carrying a weapon or may try to dispose of evidence of a crime. There is some dispute as to searching in a place where a weapon could not be or when finding something like drugs when the crime has nothing to do with drugs. If you are in a car, the officer can generally search the passenger compartment and any bags inside. If in a house, the officer can generally search the room you are in. If the officer saw you carrying the bag just before the arrest, then he can search it. If the officer is going to take the bag into property while he arrests you, then he could inventory the bag. If you tell the officer the bag is not yours, then he will search it to try to determine who owns it and if he finds contraband and can connect you to the bag in any way, then you will probably be charged.

There are lots of exceptions and arguments in stop, arrest, search, seizure, statements etc issues. The best thing to do is to refuse to give consent and to ask for an attorney. Keep doing both until they stop asking or the attorney shows up.

Jason Savela