Was there any probable cause for me to be searched?
A complaint was called in that two black males were causing a disturbance in the same area as my friend and I were in. I was asked if I had my ID and I did not. I was then searched and my wallet was taken. Was there any probable cause for me to be searched?
Answered By: Cynthia Henley, Lawyer
Were you arrested? The officers had cause to ask you for identification as they were investigating. They might have had cause to pat you down for weapons. But, I don't read anything in your post that allowed them to go into your pocket or retrieve your wallet. Regardless, you had a legal obligation to reveal your true identity.
Answer Applies to: Texas
Replied: 12/18/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Texas
Replied: 12/18/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Robert Valles and Associates P.C.
An officer was under his authority to ask you to identify yourself.
Answer Applies to: Texas
Replied: 12/15/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Texas
Replied: 12/15/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Mark Thiessen, Attorney at Law
Search and seizure is very fact specific. They should not have searched you like that, but I guarantee they will say that you looked nervous and they saw something or felt something in your pocket. Hire an aggressive criminal trial attorney and fight it.
Answer Applies to: Texas
Replied: 12/14/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Texas
Replied: 12/14/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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