Question by roe: Would this be considered “prejudiced”?
When I was leaving a store known for “sweepstakes gambling”, I got out the door and put my purse and drink down and bent over and retrieved a cigarette from my purse and lite it. Upon me bending down, I noticed a police car had pulled into the shopping area and paid no attention to it. After lightening my smoke I started to walk to my car. Before I had taken more than two steps the police officer was yelling at me to come over to him. I went over to see what he wanted and he told me that it was against the clean air act to smoke more than 25 feet in front of a building. He then asked me if I had any warrantees and I told him no, he then has for my i.d. and had me sit down on the curb. I was sitting there for aleast 15-20 minutes waiting for them to run my drivers license. When the officer came back to me he said I have some good news, I am only giving you a verbal warning for your smoking but I would like to search you? I initially told him no you can’t search me. But then being honest abe, when asked if I had any drugs or paraphenalla on me, I hesistated and thinking to myself, boy there just going to call out a female officer and have her check me, so instead of going through all the ruckis, I then told the officer that yes I did have a pipe iin my pocket, then thinking I would be going to jail, I also gave up the dope that I had in my pocket as well. So there I was arrested, etc. My question is this: Did this officer have the right to detain me for so long? He obviously ran me and found that I had no warrantees. I cooperated with them and why was I the only one being runned for smoking? The crowd that gathered to see me where also smoking less than 5 feet from the building. This building has an ashtrayed proped about five feet from the entrance of the door. The officer never mentioned anything to me about anything other than smoking. When I got the police report, I noticed that the officer fogot to include in his report that he had asked me if I could be searched. That whole scenerio was disregared by the officer. Any chance of this being thrown out? Wasn’t my fourth ammendment being jeapordized Please help me. Thank You

Best answer:

Answer by xanthalolly
They can’t search you if they don’t have a reason to, but he asked a reasonable question and you answered ‘too honestly’–you screwed yourself over…..sorry. Better luck next time.

Answer by Punartham
he is doing his job

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