Legal Question in Criminal Law in New York
While walking home with two friends (all of us 17 years old) we are passed by a police vehicle. he turns around and pulls up behind us with lights flashing so we go up to the window to see what he needs. we have all drank 2-3 beers just before and he asks if we had been drinking and we reply yes a few sips. he then proceeds to search us and finds one beer and a very small amount a marijuana. we all recieve tickets for unlawful possesion of alcohol and i recieve an extra one for marijuana. Was it legal for him to even stop us in the first place?
Asked on 3/21/11, 7:57 pm
1 Answer from Attorneys
Stuart Austin
Austin Law Associates, PC
In order to effectuate a frisk, he would have to be able to articulate reasonable suspicion. If he can't then the court may grant suppression.
Answered on 3/22/11, 10:16 am
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