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Searched When Leaving the Premises After Police Were Called

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  • 09-25-2009, 10:14 PM
    Represent601
    Searched When Leaving the Premises After Police Were Called
    My question involves criminal law for the state of: Mississippi
    I was recently exiting a domestic violence and as I was leaving, police showed up. I was outside, the people fighting were inside. I honestly don't know if they saw me before or after I was outside of the screen door, if that even matters. They stopped me and after they settled the dispute they searched me. I am now facing a possession charge of marijuana. I am a minor and am wondering if they had the right to search me. If you need any more info just ask. Thanks for any help.
  • 09-25-2009, 10:45 PM
    jk
    Re: Did They Have the Right to Search Me
    Quote:

    Quoting Represent601
    View Post
    They stopped me and after they settled the dispute they searched me..

    how was the dispute settled and did anybody tell the police you had drugs on you?
  • 09-26-2009, 08:03 AM
    Represent601
    Re: Did They Have the Right to Search Me
    Maybe, I heard my name mentioned, but they were inside and I was outside. They arrested my friend because he was on top of her restraining her. They questioned his girlfriend inside and they found a pipe that my friend claimed. I guess that is all they needed?
  • 09-26-2009, 09:45 AM
    cdwjava
    Re: Did The Police Have the Right to Search Me
    They will have to justify the search at trial. Your attorney can move to have the evidence suppressed.

    Did the police ask if they could search you?

    Had you been smoking marijuana, or around anyone smoking it, any time that day or night? If so, you likely smelled of marijuana and in most states that should be sufficient probable casue for a search.

    - Carl
  • 09-26-2009, 07:40 PM
    Represent601
    Re: Did The Police Have the Right to Search Me
    They did not ask, they just said, turn out your pockets. They didn't say anything about a smell. They asked my friend if there was any dope, he hesitated. They searched him again. A few minutes later they told me to turn out my pockets.
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