A cop stopped my brother a few days ago 4 o clock in the morning a little ways from the house. The cop wanted to search his things. My brother refused the search but the cop searched anyway and found weed on him and arrested him. Isn't that an illegal search and seizure. They think he was part of a grand theft that happenend a few weeks ago but the only evidence they have linking back to him is a camera that shows someone who looks kind of like him.but it was very blurry and he had an alibi stating he wasn't there?

>threads merged<

From the way you describe it, it does sound like illegal search and seizure.
But the cops seem to think they have probably cause. They may have more evidence than you think they have, such as someone naming him in the grand theft.
He can always pay a good lawyer instead of taking a young overworked public defender.

What did they stop him for?

F the police were arresting him for the theft, clearly they had the right to search him when the arrested him.

On the other hand, if they stopped him merely to search him, the validity of the search is doubtful. Where did they find the grass? In his pocket? Somewhere in his car, and if so where?

Hello L:

Looks ILLEGAL to me. In fact, it IS illegal, and the cop KNEW it.. I HATE cops.

excon

It was in his backpack, along with his bowl. He didn't get arrested for theft, he got arrested for possession and paraphernalia. They don't have enough evidence to arrest him off the theft

Hello again, L:

If he gets a good attorney, they won't be able to get him on the pot charge either..

excon

What did they stop him for?

f the police were arresting him for the theft, clearly they had the right to seach him when the arrested him.

On the other hand, if they stopped him merely to search him, the validity of the search is doubtful. Where did they find the grass? In his pocket? Somewhere in his car, and if so where?

They stopped him because it was 4-20 pretty much. Maybe they were hoping to find stolen items on him. But the theft happened more than 10 miles away and like 2 weeks ago. Not to mention they didn't arrest him on Grand Theft. The grass was in his backpack in a plastic bag that was wrapped with clothing. It was only .4 but we live in Florida.

Gather funds for a good lawyer. You must know by now it's about money, connections, power - oh and the law.

He Just got arrested again.. this time for resisting officer. It looks like the officer tried to search him and m brother said no because the cop didn't have a search warrant. They arrested him off resisting officer now. I know they are trying to pin a theft on him that he didn't commit! I hate cops, they are harassing my brother and searching him everyday. Its getting real old real fast. Im just his brother what can I do to help?

From the way you describe it, it does sound like illegal search and seizure.
But the cops seem to think they have probably cause. They may have more evidence than you think they have, such as someone naming him in the grand theft.
He can always pay a good lawyer instead of taking a young overworked public defender.
He Just got arrested again.. this time for resisting officer. It looks like the officer tried to search him and m brother said no because the cop didn't have a search warrant. They arrested him off resisting officer now. I know they are trying to pin a theft on him that he didn't commit! I hate cops, they are harassing my brother and searching him everyday. Its getting real old real fast. Im just his brother what can I do to help?

A cop stopped my brother a few days ago 4 o clock in the morning a little ways from the house. The cop wanted to search his things. My brother refused the search but the cop searched anyway and found weed on him and arrested him. Isn't that an illegal search and seizure. They think he was part of a grand theft that happenend a few weeks ago but the only evidence they have linking back to him is a camera that shows someone who looks kind of like him.but it was very blurry and he had an alibi stating he wasn't there? He got arrested 6 days ago and we paid bail.. he is waiting for a court date

NOW!
He Just got arrested again.. this time for resisting officer. It looks like the officer tried to search him and m brother said no because the cop didn't have a search warrant. They arrested him off resisting officer now. I know they are trying to pin a theft on him that he didn't commit! I hate cops, they are harassing my brother and searching him everyday. Its getting real old real fast. Im just his brother what can I do to help?

Probably with good reason, if I am reading between the lines. You can help your brother by being supportive of him, not making waves with the police and staying out of the way until he goes to court.

I told you - you need a good lawyer. A lot of cases like this are about money and the cops know he can't (I assume) afford it.

Probably with good reason, if I am reading between the lines. You can help your brother by being supportive of him, not making waves with the police and staying out of the way until he goes to court.

Yeah but there is no proof linking him to the theft. I know for a fact he didn't do it because he was with me that day. Someone actually used my name and said I commit ed it, but since me and my brother are similar looking they are assuming he did it. The person that used my name can I charge her/him with slander? I mean she/he turned my name over to the police and I wasn't involved at all. That person triggered all these chain of events because they don't like me. Also the cops searched my brother without any warrant and arrested him off drugs and drug paraphernalia.. Isn't that illegal search and seizure... and today he was charge with resisting a police officer because he didn't let the police search his things. Like what the hell? Please provide insight?

I'm not a legal expert, so I actually have a question for the legal experts posting here.

Why would anyone agree to a search if they know they have drugs on them? No one would. By the time the cops got a search warrant, or whatever they need, the drugs would be placed somewhere else, or thrown out.

How are the cops supposed to catch people, if they can't search people? No one that's guilty will agree to a search. As it turns out, the OP's brother was guilty of having drugs and drug paraphernalia, in his possession. Of course he's not going to agree to a search.

And you started this new post on this same subject as this morning because..?

It's all about on-the-spot probable cause.
If the cops smell pot when they stop your car, they can search the car.
If someone is screaming behind a locked door, they can break it down.
If you are cruising some neighborhood not near your home at for a.m. Not probable cause. You could be taking people home from a late party, or be lost, or just be driving around, no matter how suspicious. This has been made famous under profiling accusations; cops stopping anyone in a junker or not white or both because they are in a rich white neighborhood.
A good lawyer would win.

It's all about on-the-spot probable cause.
If the cops smell pot when they stop your car, they can search the car.
If someone is screaming behind a locked door, they can break it down.
If you are cruising some neighborhood not near your home at 4 a.m.? Not probable cause. You could be taking people home from a late party, or be lost, or just be driving around, no matter how suspicious. This has been made famous under profiling accusations; cops stopping anyone in a junker or not white or both because they are in a rich white neighborhood.
A good lawyer would win.

Thanks for explaining Joy. That makes sense.

Hello Alty:

The cops don't ask if they can search.. They ask if they can look around a little.. Sneaky bastards.

excon

I'm not a legal expert, so I actually have a question for the legal experts posting here.

Why would anyone agree to a search if they know they have drugs on them? No one would. By the time the cops got a search warrant, or whatever they need, the drugs would be placed somewhere else, or thrown out.

How are the cops supposed to catch people, if they can't search people? No one that's guilty will agree to a search. As it turns out, the OP's brother was guilty of having drugs and drug paraphernalia, in his possession. Of course he's not going to agree to a search.

Very good question. It goes to the heart of our constitutional right to be free from unreasonable searches and seizure.

The way the founding fathers might have explained it is this: our God-given right not to be subject to random searches of our property and persons is more important than the interest the government has in catching law-breakers. Therefore, in order to search our private stuff, the government needs a warrant, issued by an impartial judge or magistrate. Such a warrant should only be issued when the government is able to persuade the magistrate that there is reasonable suspicion that evidence of a crime will be found in the place to be searched.

Actually the way they did put that idea is this:

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized" Fourth Amendment to the United States Constitution - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Fourth_Amendment_to_the_United_States_Constitution #Text)
There are exceptions to this warrant requirement, but that is the general idea.

NOw that my brother is in jail, I am getting stopped a lot and getting searched now too. I hate cops

Make sure you are squeaky clean and that any vehicle you are in is too.
Then walk in to the police station mid-day mid-week and politely ask to talk to the Chief. Give your name and explain also politely that you have committed no crimes but are being stopped and searched because of your brother and name each incident and when. Ask that it stop. Get up to leave. If you get a non-committal response, leave. Keep it SHORT or it will backfire. (I'll bet excon will say this is a bad idea.)

There are many kinds of warrants. Arrest, bench, search, and felony are the main ones.

Some, like search warrants, are constantly changing and there are different kinds.

-A Ramey warrant authorizes a search for a specific person within specified premises. All other search warrants are to find property, including evidence. If the cops have a Ramey warrant and find guns and drugs... they have to be in plain sight. (They aren't supposed to lie.)
-A Steagald warrant is a warrant to search for a suspect in a third party's home.
-A Mincey warrant is for a homicide scene inside the victim's home, in case the suspect has privacy rights there.

Make sure you are squeaky clean and that any vehicle you are in is too.
Then walk in to the police station mid-day mid-week and politely ask to talk to the Chief. Give your name and explain also politely that you have committed no crimes but are being stopped and searched because of your brother and name each incident and when. Ask that it stop. Get up to leave. If you get a non-committal response, leave. Keep it SHORT or it will backfire. (I'll bet excon will say this is a bad idea.)

There are many kinds of warrants. Arrest, bench, search, and felony are the main ones.

Some, like search warrants, are constantly changing and there are different kinds.

-A Ramey warrant authorizes a search for a specific person within specified premises. All other search warrants are to find property, including evidence. If the cops have a Ramey warrant and find guns and drugs... they have to be in plain sight. (They aren't supposed to lie.)
-A Steagald warrant is a warrant to search for a suspect in a third party's home.
-A Mincey warrant is for a homicide scene inside the victim's home, in case the suspect has privacy rights there.

Good searching joy. But can you PLEASE post links. I am lost in space unless I see one.

I read several sources. I have to cool down my computer every few minutes so sometimes rush.

So much on searches will depend on where you live, In US states have their own case law and guidelines.
In GA for example, if I stop you, I have the right to "pat you down" and see if there is any weapons. Only look inside if there is something that feels like it may be a danger.

But of course he is arrested for evidence from illegal search, since the search is legal, till a judge rules it is not legal. That is what his attorney should be doing

OK thanks guys, My brother served 15 days in Jail. We got a lawyer and within 6 hours the charges were "magically dropped." You wonder why teenagers hate cops, they took advantage of my brother and as soon as he got representation they dropped all charges because they knew what they did was messed up. They illegally searched through his things, and they arrested him for resisting an officer when all he did was ask for a search warrant

Here is the link with his story that was in the newspaper.
http://www.hernandotoday.com/he/list/news/man-refuses-to-let-deputy-search-spider-man-backpack-b82484361z1


The cops make me sick, they fabricated some BS story and as soon as we get a lawyer the charges magically dropped. Meanwhile my brother was in jail for 15 days.

Thanks for letting us know.
It's not just the poor or non-white although it usually is in cars or on the street.
I used to handle boring insurance claims. Deny, deny, deny - unless a lawyer letter came in.
And that was 45 years ago.
Corporations and governments get away with what they can, like little kids stealing cookies out of the cookie jar. They do it because they can.
And we aren't so crazy about lawyers until we need one.

Hello again, L:

Told you the search was illegal.. Yeah, cops suck!

excon

...
Here is the link with his story that was in the newspaper.
Man refuses to let deputy search Spider-Man backpack | Breaking Hernando county news, local sports and events, and weather from Hernando Today | HernandoToday.com | Hernando Today (http://www.hernandotoday.com/he/list/news/man-refuses-to-let-deputy-search-spider-man-backpack-b82484361z1)
...

(I took the liberty to convert the URL you gave into an actual link.)

The newspaper article tells it differently than you did.

It says he was arrested on a drug charge on April 20, was out on bond, and then was searched on April 25 at which time drugs were found.

That may have changed how we looked at the matter, but it appears it has all been straightened out. That's good.