Legal Question in Criminal Law in Wisconsin

I was standing infront of my friends house with my friend and two other people. My friend was playing around and grabed one of the guys when the police road by and got out of the car and searched everyone,even though I was 10-15 feet away from my friend and the guy he was playing around with and wasn't doing anything. I had marijuana in my pocket and was given a ticket, no body else got a ticket, was it legal for them to search me?


Asked on 10/01/09, 10:04 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

Police have the right to temporarily detain people for further investigation in a number of different reasons including reasonable suspicion of criminal activity or public safety ("community caretaker") concerns. While �reasonable suspects� or persons in need of help are detained, they can be searched for weapons if the officer feels that his safety is threatened, and any contraband found becomes fair game for charging illegal possession. The question which a court would need to answer in your case is whether or not any of these justifications for detention or search were present. Since you do not specify what you mean by "playing around," I cannot speculate how a court would rule in your case. However, if your lawyer brought a motion to suppress the marijuana, you would win your case if the judge agreed that none of these circumstances were present. My comments here are not intended as legal advice, nor to create an attorney client relationship, unless you subsequently retain me and revisit these issues.

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Answered on 10/07/09, 6:59 am


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