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Law regarding search warrants?
This is a hypothetical question and I was just curious and thought up of this scenerio, so lets say you have some "illegal items" in your backpack and a police wants to search your bag but you don't consent to search. But then a random bystander snatches your backpack and dumps all the content onto the floor, along with the "illegal items" and the cop sees it. At that point could the cop arrest you? Since technically he didn't search you without a warrant, a random bystander did the "search," would the evidence be legitimate in court?
4 Answers
- Anonymous7 years agoFavorite Answer
If the bystander took your bag because he felt you were not helpful with the police then the police could not lawfully arrest you and this would be thrown out in court. A Police must have officer reasonable suspicion to expect you having said items in your bag. The officer can not do this on a hunch, otherwise we would live in a police state with police stopping and searching anyone and everyone. So since the police stopped you and attempted to search you unlawfully subsequent events directly connected to this are also unlawful. Yes you can say it is a good idea or it os right but that is not the same as lawfulness.
- psychosolodiverLv 67 years ago
Both would get arrested - the bystander for interfering in a police investigation and tampering with evidence, and you for the illegal items. It would be up to the DA what he would pursue.
