Legal Question in Criminal Law in Pennsylvania
Possesion of a firearm
I just turned 17 and I was caught with a handgun with no rounds in it but I think I was illegally arrested. I was talking on the phone outside of my brothers car when they pulled up and asked if everything was alright, I said yes hung up the phone and got in the car. They stayed there for a minute asking us questions then they got out their car and opened the driver and passenger doors and started to pat down the driver of the car and the passenger(me), the officer found the gun in my coat pocket then they arrested me. Was that an illegal search?
2 Answers from Attorneys
Re: Possesion of a firearm
The way you describe it, I would agree that this search violated your constitutional rights. In order to detain you in this manner, the police need to articulate facts that would cause a reasonable person to suspect there was criminal activity afoot. In order to pat you down, the police would have to establish that a reasonable person would suspect you were armed and dangerous. That is the standard, and based on your recitation of the facts, they don't meet it.
I recommend you retain an attorney or go to your local public defender agency so that you can be interviewed and start preparing the defense to your case.
Good luck.
Re: Possesion of a firearm
If what you are describing is accurate, it certainly sounds like an illegal detention and illegal search. You should consult with an attorney asap. Feel free to call or email if you wish.
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