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Is it lawful for an officer to search my personal property…

Customer Question
Is it lawful for...

Is it lawful for an officer to search my personal property or my person when I am on private property where someone else is being arrested?

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when did this happen?

Alabama, Nov. 2015

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The officer only asked "Is this your purse?", did NOT ask if he could search it, and I am wondering if it was even legal that he questioned me at all since I had committed no crime

Submitted: 7 months ago.Category: Legal
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Answered in 33 minutes by:
11/22/2017
Lawyer: N Cal Atty, Lawyer replied 7 months ago
N Cal Atty
N Cal Atty, Lawyer
Category: Legal
Satisfied Customers: 9,792
Experience: attorney at self
Verified

I am sorry to hear this.

Was the person arrested on a warrant? If not, why was the other person arrested?

What was found in your purse?

Have you been charged with a crime?

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Customer reply replied 7 months ago
they arrested the owner of the property on a warrant. I had no idea that he was in any trouble!
Then they searched me and my purse without asking if they could do so.
They found paraphernalia and charged me with possession
Lawyer: N Cal Atty, Lawyer replied 7 months ago

The search was illegal and your attorney can file a motion to suppress the evidence.

Merely being in the presence of a person who is being arrested on a warrant does not give the police any right to search bystanders to the arrest or their property.

I hope this information is helpful.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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