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JUVENILE?S REFUSAL TO CONSENT TO A SEARCH DOES NOT GIVE COPS REASONABLE SUSPICION TO SEARCH

By Walin & Klarich

A police officer stopped a juvenile, M, for riding a bicycle without proper lighting. The officer asked M to step away form the bike and take off his backpack. M said he would not consent to a search of the backpack. The officer believe this was a ?red flag? and, concerned that M might be armed, he pat-searched M and found a loaded revolver in M?s jacket. M challenged the constitutionality of the search in the juvenile court and his challenge was denied. On appeal, the California Court of Appeal reversed the juvenile court and found that M?s refusal to consent to a search cannot, by itself provide the reasonable suspicion necessary for a lawful pat-search. Any search conducted n the State of California without a search warrant is presumptively unconstitutional...continue to full post

Full post as published by Southern California Criminal Defense Blog on August 24, 2010 (boomark / email).