Legal Question in Criminal Law in Wisconsin

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My son was on my property, He lives with me and is 16)when a neighbor boy came over smoking a cigaret out by the garage. A officer seen the neighbor boy smoking,(he is 12 ) searced him and then my son,confiscating my sons pocket knife. He did not see my son smoking.(he does not smoke) Did he have a legal right to search my son and then keep his pocket knife? Smoking is illegal in the state of wisconsin under the age of 18. the officer will not return the knife to even me.


Asked on 7/31/07, 5:37 pm

1 Answer from Attorneys
JAY Nixon nixon law offices

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Officers have the right to conduct a frisk for weapons any time they speak with a citizen about a potential violation. This is allowed primarily out of concern for the officer's safety. If a judge concludes that there was really no reasonable likelihood that a crime was occurring (or for the officer's safety), he may suppress the proceeds of the search. Pocket knives can also be concealed weapons, hence the officer can not only confiscate it--he could possibly charge your son with a crime

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Answered on 8/02/07, 7:57 am


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