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i was walking home when I was confronted by 3 cops. They stopped me and began to question me asking things like what are you doing here and my personal info. I answered all their questions but they were not satisfied. They then patted me down and found a small package. My pot was in there and they arrested me for posession. Can they do this cause I wasnt doing anything just trying to walk home.
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What the police did is called a "Terry Stop". Police can stop you for several reasons one being that they are suspicious that you are engaged in criminal activity.
The questions they can ask you must be limited and can only pertain to the investigation of the criminal activity they stopped you for. Now here comes the good part. As for the frisk, the police can do the frisk for their own safety. At this point they are making sure that you don't have any weapons. They can only pat down the outer clothing in their weapons search. If they feel something that could be a weapon they are allowed to remove the object and examine it. But it has to have felt like a weapon. They cannot remove items from an individual that do not appear to be weapons. Unless the drugs were wrapped in tin foil in the shape of a knife then I don't believe that they had any right to take the pot out of your pocket. I can't see many situations in which a small amount of pot could have been construed as a weapon. Talk to an attorney immediately to preserve your rights. ![]() |
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