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JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20233
Experience:  Handling criminal and probation matters for over 14 years.
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got stopped walking to store for no reason they had just arrested

Resolved Question:

got stopped walking to store for no reason they had just arrested someone with a warrent and saw we walking pulled up on me asked who i was i told them offered my i.d and before i could do anything he was like when is the last time u got high i said what he said can i search ur pockets i said no iam not on any seach thing no record at all and he grabbed my arm and siad let take ur pulse is this an unlawful stop
Submitted: 4 years ago.
Category: Criminal Law
Expert:  JB Umphrey replied 4 years ago.
Hi and thank you for using JustAnswer!

I am sorry to learn of these circumstances. What you've described is considered to be a Terry stop. It's legal.

The comes from Terry v. Ohio, 392 U.S. 1 (1968), in which the U.S. Supreme Court held that police may briefly detain a person who they reasonably suspect is involved in criminal activity. The Court also held that police may do a limited search of the suspect’s outer garments for weapons if they have a reasonable and articulable suspicion that the person detained may be “armed and dangerous”.

I wish very much that I could offer you an answer that was more favorable to your circumstances, but the law seems to be pretty clear. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

I hope you understand.

It has been my pleasure to assist you today with your information needs. If you have a follow-up question, please reply and ask it.

If you are satisfied that your question has been answered, kindly select the ACCEPT button to close this thread and so that I receive credit for assisting you today.
Customer: replied 4 years ago.
no they did search him the guy the had in the back seat already said the cop were like let go see what this guy is doin it was about 6 pm
Expert:  JB Umphrey replied 4 years ago.
They may have had your friend in custody. However, the police still had the right to stop and frisk you. The U.S. Supreme Court says they had the right to do it.

If you have a follow-up question, please reply and ask it.

If you are satisfied that your question has been answered, kindly select the ACCEPT button to close this thread and so that I receive credit for assisting you today.
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