01-05-2011, 05:07 PM #1
- Join Date
- Jan 2011
- Thanked 0 Times in 0 Posts
A question about personal property while being arrested
Jurisdiction / State: Washington
In March 2010 my dad called me stating that the police were at my house and wanted to ask me some questions about a recent assault that happened to me. When I walked to my house the police immediately put me in cuffs and arrested me for something completely different. They would not allow me to give my purse to my dad while I was being arrested. My question is: If I am being arrested on my property, do I have the right to give my property to someone so that I am not arrested with it?
01-06-2011, 02:18 AM #2
- Join Date
- Nov 2009
- Pago Pago
- Thanked 1,613 Times in 1,591 Posts
01-06-2011, 03:54 AM #3
- Join Date
- Sep 2009
- Hanford, CA
- Thanked 601 Times in 593 Posts
When you are arrested you are subject to search, and all property in your control or on your person are subject to seizure. Often times it is easier for the police to leave all that property behind so that they are not responsible for it... however I suspect they had good reason to believe that something was in that purse, so they made sure to bring it along.
A new ruling here in California just yesterday- the court says that police have the right to search an arrested person's cell phone and view text messages and contacts without a warrant. Why? That cell phone is in the control of or on the person of the person at the time of the arrest, and just like going through their pockets they can go through the phone.
The same concept applies to your purse. If the police discovered evidence inside your purse upon your arrest you will not likely have any success trying to fight it.
Last edited by mightymoose; 01-06-2011 at 03:58 AM. Reason: added link regarding cell phone search
By BriarRoseBuffy in forum Other Legal IssuesReplies: 0Last Post: 06-18-2008, 01:34 AM
By netdata in forum Lawyers, Legal Practice, Ethics & the BarReplies: 1Last Post: 07-15-2007, 06:15 PM
By netdata in forum Other Debt, Collection, GarnishmentReplies: 0Last Post: 07-15-2007, 04:31 PM
By mranderson53 in forum Lawyers, Legal Practice, Ethics & the BarReplies: 1Last Post: 03-13-2007, 10:33 AM
By MRPaul in forum Other Residential Landlord & Tenant IssuesReplies: 0Last Post: 12-24-2001, 01:06 PM