Legal Question in Criminal Law in Delaware

Cop Searchs

During a frisk, if cop feel something that may be a weapon, they may remove it from the suspect for further examination. However, they are not entitled to remove items from person's pockets that do not appear to be weapons, even if they believe that the items are contraband. So if they now that a beg can't be a weapon can they still take it out your pocket.


Asked on 7/31/08, 6:55 pm

1 Answer from Attorneys
Fleet Tilden TildenLaw

Re: Cop Searchs

Depends on the specific facts of the search. If the officer observed a controlled subseance being put into a pocket, there may be enough to search. Typically, however what you describe may be an illegal search.

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Answered on 8/01/08, 7:31 am


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