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Can police officers in California search through my backpack?

Say I am sitting at the mall talking to some friends around 10 P.M. and a police officer comes up and starts talking to us. I am 18 so I won't be breaking curfew laws, but does he/she have the right to search my backpack even if I say no? I know the whole probable cause stuff comes into effect, but I have nothing on or around me that even looks (or smells) like an illegal substance.

14 Answers

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  • WRG
    Lv 7
    1 decade ago
    Favorite Answer

    No that would be an illegal search. That doesn't mean you should refuse to let him just be very respectful and repeat. "I do not, sir, consent to this search." It will be helpful if people hear you say this and that they are people that you can find later to testify in court.

    In the real world what will happen if he thinks you have illegal drugs is call in the dog. If the dog gets a hit that gives him probably cause.

  • 5 years ago

    1

    Source(s): Criminal Records Search Database - http://criminalrecords.raiwi.com/?SuZT
  • ?
    Lv 4
    5 years ago

    yes a police officer almost always needs probable cause , in your example it sounds a bit suspicious. so an officer should be able to search your backpacks if necessary. If it was earlier than 10:00 by maybe 2 or so hours it wouldnt be necessary. Another reason may be because somthing like a robbery happend or there was a claim that someone had some type of deadly or illegal wepon. So to answer your question yes a police officer should have a probable cause to search you and your backpack. Note: I'm baseing this on what recently happend where I was searched due to a robbery 1 and 1/2 blocks from where I was

  • 1 decade ago

    ok ok so if the cop walks up to you for no reason at all and i mean that exactly as i said it. you have no prior history at this mall or with these cosp, you inside the mall say at the food court not sulking around in a bathroom for 8 hours, you have dont nothing suspicious at all. and asks to search your bag, then he is in the wrong. however he could say that since you refused that is probable cause (it wont hold up in court if he finds anything though)

    now if your a known drug offender, cause issues at the mall, have taken things before, and in general are not really a shopper but a hooligan; then yeah he is going to come out ontop in the court system.

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  • 1 decade ago

    I don't think, they have this right at all. You should repeat: "No" -- but be polite... Only if they arrest you, do they have a right to go through your belongings -- but they must have a good cause for the arrest and state it out when arresting (along with reading the Miranda-rights).

    If it is in a mall, it could've been a mall security officer -- not a real cop, BTW. They can kick you out of the mall -- you would be "trespassing" if you disobey their order to leave -- but can not arrest you or search you.

  • 1 decade ago

    Well really no it doesnt matter if you have a history, a record, if you're a known drug dealer or what without probable cause he cannot search you. That doesn't mean they wont though Like others said if they ask to search it and you say ok then they have done nothing wrong, but if you say no then legally they cant. Like I said they that doesnt mean they wont.

    Source(s): FUCK DA POLICE
  • 1 decade ago

    One thing I learned long ago...don't just be sitting around someplace unless it's your own yard. It's not safe and you might get noticed by the police even though you are doing nothing wrong. So don't go someplace and just sit around after hours. Go home.

  • 1 decade ago

    probable cause carries alot of weight...if they thought there was some illegal substance in your backpack then yea the officer had every right to search your belongings..

  • Anonymous
    1 decade ago

    because of the patriot act they can do and check everything.

    I live in new york and when getting on the subway at 125 st. they will randomly check backpacks, they can pass on who they feel and pick who they want. . I do believe it is keeping me safe since terrorist would love to bomb my transportation system but it can tick some people off.

    Obama resigned this act last month in the jobs bill. why did he sneak it into a jobs bill? makes me wonder if the health bill is really all about health care.

  • Anonymous
    1 decade ago

    No he does not. If he doesn't have any evidence to suspect you of a crime he has no right to search your pack unless you consent to the search. He can ask you, but you can say "no".

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