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Submitting to a Search...

Discussion in 'Criminal Procedure, Criminal Court' started by TwistidMe, Oct 16, 2015.

  1. TwistidMe

    TwistidMe Law Topic Starter New Member

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    Jurisdiction:
    Georgia
    Legally, do i have to submit to be searched BEFORE im placed under arrest?
     
  2. ElleMD

    ElleMD Well-Known Member

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    Want to provide a context and situation? Search by police or someone else? Looking for what?
     
  3. CdwJava

    CdwJava Moderator

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    Short answer, "No." You do NOT generally "have to submit" to a search prior to an arrest.

    That's not to say that the police could not compel a search of some kind under certain circumstances.

    Perhaps you can provide some details to help put some context to that very broad question?
     
  4. TwistidMe

    TwistidMe Law Topic Starter New Member

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    Ok... say im walkin 2 tha store and as i get in tha parkn lot cops roll up and start with tha questions that inevitably leads 2 "runnin my name". While we w8 on that 2come back he asks do i have any weapons on me, as he tells me 2empty my pockets..."do u have anything in ur pockets thats gonna stick me"? Yada Yada!.... NOW... Wut difference does All that make? Tha LAW is tha Law! And im Well Aware THEY CAN DO WUT THEY WANNA DO. BUT tha law is???
     
  5. CdwJava

    CdwJava Moderator

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    Wow, that is tough to read. Are you trying to text this on a cell phone?

    The law is that the police can ASK you almost anything - including to empty your pockets. What they do if you object is the question.

    The police have every right to conduct a pat-down search (i.e. a Terry Frisk) for weapons in most contacts if they can articulate even a minimal concern for their safety and that you might have weapons. It is pretty standard to ask a person you are about to search if they have anything on them that might poke the searching officer. It sorta avoids the officer getting poked by an open blade or even a syringe and then the suspect stating that he didn't know he should tell the officer about it first.
     
  6. army judge

    army judge Super Moderator

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    I get it.
    The police officer(s) radio your name to dispatch and you have warrants, right?
    You also were in possession of things or stuff that the law considers contraband, right?

    Once the query got a hit, those pesky warrants, a search wasn't up to you, friend.

    I suggest you use your right to remain silent and discuss your concerns with your lawyer!
     
  7. TwistidMe

    TwistidMe Law Topic Starter New Member

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    WOW! Talk about NOT GETTIN' IT... that wud b u, Friend!.. Not a real situation! Warrants? Contraband??? Of Course THAT wud change Everything! DUHH! I Jus wanted a ruling on tha QUESTION!
     
  8. CdwJava

    CdwJava Moderator

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    And the answer has been provided. So, cease your nearly illiterate text-speak griping and read!

    I'll repost my reply from above:

    The law is that the police can ASK you almost anything - including to empty your pockets. What they do if you object is the question.

    The police have every right to conduct a pat-down search (i.e. a Terry Frisk) for weapons in most contacts if they can articulate even a minimal concern for their safety and that you might have weapons. It is pretty standard to ask a person you are about to search if they have anything on them that might poke the searching officer. It sorta avoids the officer getting poked by an open blade or even a syringe and then the suspect stating that he didn't know he should tell the officer about it first.
     
  9. army judge

    army judge Super Moderator

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    The law is one thing.
    At 2:30 AM in that nearly deserted parking lot, or that dark alley, refusing any search might become problematic for you, my friend.
     
  10. TwistidMe

    TwistidMe Law Topic Starter New Member

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    ILLITERATE? U Aint Mad Is Ya? My Bad! I really wasnt tryin 2 Shine on ur Boyfriend or anything. It was his borderline non-sequitor comment jus made it look that way--
     
  11. army judge

    army judge Super Moderator

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    Now, now, let's not break our rules, buddy.
     
  12. CdwJava

    CdwJava Moderator

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    Well, yeah! You're either darn near illiterate, or, quite juvenile to think that typing like a texting 7th grader is mature or intelligent.

    No, I "aint mad" [sic] ... truth be told, I'm ambivalent.

    Your question has been answered.
     

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