Legal Question in Constitutional Law in South Dakota
excessive force
I was stopped for speeding. When I didn't initially give my D.L., the officer cuffed me, and pulled my billfold. Is this an illegal search?
Asked on 10/08/08, 1:09 am
1 Answer from Attorneys
Edward Hoffman
Law Offices of Edward A. Hoffman
Re: excessive force
I'd like more facts, but based on what you've said this sounds like what lawyers call a search incident to a lawful arrest. Such searches are generally legal, but can be performed in ways that make them illegal. Nothing in your question suggests that the officer did anything wrong.
The subject line of your question refers to excessive force. That is a very different issue from the legality of the search. Because your question doesn't say anything about the amount of force the officer used, there is no way I can say whether it seems excessive.
Answered on 10/08/08, 1:01 pm