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SA815

GOING INSIDE SHOES

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CLIENT MEAN MYSELF LOL

 

 

Nothing to laugh about. A person who represents himself in a criminal prosecution has a fool for a client.

 

 

I NEED TO KNOW WAS THE OFFICER BOGUS OR NOT.

 

 

Depends on why you were patted down in the first place.

 

What, exactly, happened between the time you were pulled over and the time you were patted down?

 

What was the officer's reason for patting you down and then searching your shoes?

 

If you were charged with a crime you should have been able to get his statement through discovery.

 

Details count.

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What you are describing is generally considered a "Terry stop". Look that up!

 

See Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868 (1968)

 

But, also look at cases like:

 

 "When a police officer observes a driver commit a traffic violation, the officer is justified in briefly detaining the driver to investigate the violation. The officer may perform some initial inquiries, check the driver's license, and conduct a speedy warrant check. If no further suspicion is aroused in the officer following these inquiries, the traffic stop should go no further. The officer should issue a warning ticket or a citation, as appropriate, and allow the driver to leave."

People v. Cox, 202 Ill.2d 462, 468, 782 N.E.2d 275 (2002).

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Hi SA815,

 

Welcome to the community and thanks for your question. As others have stated, whether or not the police searching the inside of your shoe was reasonable under the circumstances will depend on the specific facts of your case. A warrant is not necessarily required to search you subject to a traffic stop. You can learn more about police searches and traffic stops in these resources from our Learn About the Law section:

Consider also talking with your public defender or a criminal defense attorney about the legality of this search. If you need help finding a criminal defense attorney in your area, you can use our Lawyer Directory.

 

Best of luck with your case!

The FindLaw.com Team

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