Legal Question in Constitutional Law in New York

If I'm walking down the street and a police officer grabs me and starts searching me and they find a loaded weapon . Isn't that an illegal search unless someone told them and if they did wouldnt they have to testify in court ? And if they don't isn't that violation of my right to due process?


Asked on 5/11/12, 1:00 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

A truly baseless search violates the Fourth Amendment. Without more facts, I can't say whether this search qualifies.

Yes, either the officer or some other competent witness would have to testify in court in order to have you convicted. The lack of such a witness would violate your rights under the confrontation clause. A due-process argument might work but would be much weaker.

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Answered on 5/11/12, 9:36 pm


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