Legal Question in Criminal Law in New Jersey

illegal search

Can an police officer go inside of your pockets before taking you down to the station. Thought the procedure was an patdown. unless probable cause. I only had a warrant


Asked on 3/05/09, 6:56 pm

4 Answers from Attorneys

Gary Moore Gary Moore Attorney At Law

Re: illegal search

An officer taking someone into custody is entitled to pat that person down for the officer's safety and to remove from that person anything which feels like a weapon or contraband.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 3/05/09, 7:40 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: illegal search

If by "I only had a warrant" you mean there was an outstanding warrant for your arrest, that's probably all the officer needed. Also, if the warrant was for a parole or probation violation, maybe one of the terms of your probation or parole was that you waived your 4th Amendment rights and agreed to submit to searches that would otherwise violate your rights.

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Answered on 3/05/09, 8:26 pm
Ronald Aronds Law Office of Ronald Aronds, LLC

Re: illegal search

I would need a lot more information from you before I could give you an answer, but in general if you are already under arrest they can search your pockets.I am an attorney who has handled many cases similar to yours in various courts throughout New Jersey in the past. Please contact me to discuss your case in more detail. I never charge for simply talking to a person about their case. Thank you.

Sincerely yours, -Ronald Aronds, Esq.-

www.njworkerscompensationlaw.com

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Answered on 3/07/09, 9:03 am
Savyon Grant Law Office of Savy Grant

Re: illegal search

It all depends around the circumstances. Supreme court just expanded the warrantless search to include area and surroundings. It is very fact specific. You can call me to discuss.

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Answered on 3/05/09, 7:05 pm


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