Legal Question in Criminal Law in Virginia

Probable Cause for personal seach

Can an officer conduct a personal search if a suspect is in a closed park (posted) and ''appears'' to be intoxicated? The search netted marijuana in the suspects pocket. The suspect contends he was not intoxicated but only nervous. No test was given to test intoxication. Did the officer have probabble cause for the search? Afterwords the suspect was arrested for possesion of marijuana and trespassing.


Asked on 10/08/06, 11:21 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Probable Cause for personal seach

If the park was "closed" meaning posted and therefore off limits to those without permission of the landowner or his agent to be there, then

anyone found there by law enforcement could be considered a trespasser and subject to arrest.

However, whether there was probable cause to conduct a pat down of the subject or other search of his body prior to an actual arrest for trespassing is likely a separate matter which requires more information in order to make a credible determination.

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Answered on 10/14/06, 3:34 pm


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