Legal Question in Criminal Law in Massachusetts

''can they search me like that?''
I was sittiing in a parking lot waiting for my friend to play pool. i was in clear veiw it was about 6:30pm at the pool hall.i was sittin there for about 3mins and then all of a sudden two cops in one cruiser came pulled next to me.and asked me what i was doin i said i was putting out a ciggarette. The cop said i leaned over and looked suspicious. So they told me to get out of the car and they searched my pockets, and then my car. Is that a probable cause for them to do that? and can they search my pockets? they found drugs and they didnt arrest me and i still have a court date.

Asked on 1/12/01, 9:02 pm

2 Answers from Attorneys

Thomas Workman Law Offices of Thomas Workman

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Re: ''can they search me like that?''

The police did search you, and they did charge you with a crime. The question to be asked now is whether the search was legally justified, and if it was not, what to do with respect to the evidence against you. There are legal requirements for searching you and your car, which if not met, could result in the suppression of the evidence that was found. If the evidence is suppressed, it cannot be used in a court proceeding against you. This is a very tricky area of the law. Usually, but not always, there is a dispute about the facts that led up to the search. You need an attorney to examine the police reports, to explore further your memory of the facts, and then to consider what steps to take in Court to protect you. If there were any witnesses to the event, you should write down their names while your memory is fresh. It is also helpful to write down what you remember about the situation, while you still remember details. Write down everything you can remember, the smallest thing might become important later.

Answered on 1/29/01, 9:03 am

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