Legal Question in Criminal Law in Ohio

Frisking a minor who tries to purchase cigarettes

My son was a passenger in a SUV that rode through a drive-thru. The driver asked to buy a cigar. The clerk was not a clerk but a sheriff's deputy working under the ''Cops in Shops'' program. The deputy asked the driver if he had an ID and the driver said no. The driver was told that the clerk was a cop and and was asked to pull his vehicle over. When the cop came to the car, he told both juveniles to exit the car and place their hands on the roof of the car. Both young men were searched. The driver consented to letting the cops search the car. My son had cigarettes in his pocket. He also had rolling papers. Marijuana was found under the seat of the car. The commercials on TV for the ''We Card'' program does not show the underage person being arrested or searched? The ''Cops in Shops'' program shows a sticker that says the clerk could be a cop and that you must be 21 to purchase alcohol. Is this worth fighting in court? I do not believe there was probable cause,etc. to cause any of this to happen. Can you tell me if we have sufficient grounds to fight this?


Asked on 9/27/01, 11:49 am

1 Answer from Attorneys
Gregg Manes Gregg A. Manes, Esq.

Re: Frisking a minor who tries to purchase cigarettes

The probable cause was the fact that he did not have an ID. At that point your son could have said no to the search of the vehicle. His consent obviated a warrant.

Sorry for the bad news!!!!

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Answered on 11/09/01, 10:21 pm


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