Legal Question in Criminal Law in South Carolina

loitering

At the time of my arrest I had just lived in SC for about a month. I was asked by a co-worker of my boyfriend's for a ride to what I soon found out was a bad part of town. When we got there his co-worker got out of the car and went into an apartment and as he was about to get back in the car a police car pulls up and asks us what we are doing there. The police questioned the co-worker about what he had gotten and would not let up until he told him what he had. The cop asked me if I would care if he searched my car. I said ok. Then 6 or 7 other cops pull up and he tells them he is going to arrest us for loitering in a drug area. After they had me in handcuffs they went through my purse and found a 1/2 of a xanax which I had no prescription for. One lawyer I talked to said they had no reason to arrest me or my boyfriend since we had not even gotten out of the car, let alone search my purse. Is this legal? Can a police officer arrest someone for loitering in the first place, and if so, how can he do it with us just sitting in the car waiting for someone? This was my first arrest and I do not want something like this going on my record. I would appreciate any help you could give.


Asked on 5/21/03, 4:41 pm

1 Answer from Attorneys
Robert Johnston Law Offices of Robert J. Johnston

Re: loitering

I'm a little confused by the loitering charge. Its doesn't sound like they should have done that. However, before I could give firm advise, I would need to know what the Statute (also known as Code number) that they cited on your ticket so I could look it up. As far as being arrested for the Xanax, that doesn't sound like a legal search. You gave them permission to search the car, did you also give them permission to search your purse? Your welcome to call. Robert Johnston 843-828-1137

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Answered on 5/22/03, 5:30 pm


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