Persons stopped on the street need not show police anything. The police may not search a person stopped on the street, unless they are willing to make an arrest, with one exception: if there is a reason to believe the person is armed, police may “FRISKthe person (pat down the outside of your clothing). Often if the police believe they have found some incriminating article on a person, they will ask him or her to take it out and give it to them. DO NOT DO THIS. You do not have to do this.
If the police are entitled under the law to take the article, the police should take it themselves.
A defendant who voluntarily gives police an item may find that even though the police were not legally entitled to have it to begin with, the defendant’s action of handing it over may constitute CONSENT. Usually, anything the police take illegally may not be used against a defendant in court: it will be SUPPRESSED from evidence. If, however, a defendant turns over an item or consents to the police taking it, the item may be used in court even if the police were not entitled to take the item forcibly.
If a person is merely stopped, rather than arrested, the police have no right to make him or her open packages or boxes on his or her person; they have no right, for example, to look inside a cigarette pack to see if there are drugs.
As a general matter, it is always better not to voluntarily permit any searches of your person, car or belongings. If the law gives police the right to search, they will do so without your agreement. If the law does not give them the right to search, your voluntary cooperation will give them that right.
If you have been arrested by the police, you need an aggressive lawyer to protect your rights. Call my office for a free consultation
Kevin Mark Wray
610 566 1006
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