Legal Question in Criminal Law in Ohio

Fake id

I was pulled over by an officer to be questioned about an incident with an ex-girlfriend and after giving me a pat down search for weapons the officer proceeded to remove my wallet from my back pocket to retrieve my license, even when I asked him to allow me to give him the license for privacy reasons. He found my fake ID when he opened my wallet and he kept it. At no time was I placed under arrest, only brought back to the station for questioning about the incident. The following day the police called me back into the station to question me about the fake ID and tell me that I could be charged with a felony or work with them to catch the person making the ID's. I have heard that fake ID's can be both a 4th degree misdemeanor or a felony depending on severity but since I did not attempt to use it, produce it or sell it would I likely be convicted of a felony? Also, is it legal for an officer to open my wallet during a pat-down without my permission, a warrant or my being arrested?


Asked on 3/14/03, 5:49 pm

1 Answer from Attorneys
Daniel Chaplin Daniel S. Chaplin

Re: Fake id

I am trying to figure out what police department did this to you based on the zip code & am guessing it was a suburban police department. All offenses having to do with fake ID'S are about using them. The offense is not having the phoney ID but using the phoney ID then the degree of offense depends on what u used the Id for. A recent case has been decided whereby you may sue a police department for violating your fourth amendment rights even if you are never charged.

Good Luck

I'd love to know the police department

DC

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Answered on 3/14/03, 6:20 pm


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