Legal Question in Criminal Law in Georgia
Searching a citizen
What constitutes legal reason for an officer of the law to search a young person and what is considered illegal search?
Asked on 8/31/07, 9:01 pm
1 Answer from Attorneys
Ann Fitz
The Federal Law Group
Re: Searching a citizen
In order to conduct a legal search, an officer needs reasonable, articulable suspicion that the individual is in possession of contraband (either drugs or a weapon). This can be satisfied by things such as glassy eyes, the smell of marijuana, nervousness of the individual, etc. Also, a search is legal in conjunction with an arrest. Any search not conducted pursuant to these is illegal, and an argument can be made for evidence suppression.
Answered on 9/04/07, 3:48 pm
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