Legal Question in Constitutional Law in North Dakota
Warrantless Searches
Search and Siezure. An officer has the P/C to stop a vehicle because he has seen/been told that one or more of the occupants may have some kind of contraband (example:drugs)Can he do a warrantless patdown search. Cenario: Officer was told by others that occupants were ''smoking dope''. He saw them passing a possible Marijuana cigarette between them from a distance, but they drove off before he could get to them and they were stopped on the road. It is late afternoon on a weekend. Suspects would have to be held along the road for probably a couple hours while the officers would ''hopefully'' find the judge and prosecutor to do the paperwork. The suspect must be held there because the evidence could be easily destroyed. ND has a ''phone warrant'' system, (rule 41)that virtually no judge has implemented. If the officer did the pat down search and found drugs in a pocket of one of the suspects should the evidence be suppressed?
1 Answer from Attorneys
Re: Warrantless Searches
Generally a pat down search subject to a felony stop is permitted to make sure that the person has no weapon to be used. Under the facts you listed I can't see a court suppressing the evidence.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
