Legal Question in Criminal Law in Massachusetts

Four kids (under 21) are standing on a street corner near a house where a party is occurring. A police car drives by, and as it does, one of the kids drops a 40oz liquor bottle. The officer backs up and gets out of the car. One of them has a bag (not the kid who dropped the bottle). The officer asks what's in the bag, the kid replies "books, journals, etc." The officer pats down the bag, and feels several cans at the bottom. He asks the kid to open the bag. The kid refuses. He asks why, the kid says "I don't think I have to" and mentions something about his rights. The officer asks again, agitated, the kid refuses. The officer takes the kid to the ground and cuffs him. He opens the bag and finds roughly 10 beers and a marijuana pipe, but no drugs. Was the pat down/search legitimate?


Asked on 5/30/12, 3:21 pm

1 Answer from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

sounds wrongful.

Get a lawyer.

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Answered on 6/01/12, 10:42 am


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