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Know Your Rights: Even Minors Are Protected From the Tyranny of Illegal Searches

By Walin & Klarich

The California Court of Appeal recently decided In re H.H. (2009 DJDAR 7935), a case involving a minor who was illegally searched after being pulled over for riding a bicycle without proper lighting equipment. When the minor was pulled over he was asked to ?step from the bicycle? at which time he took off the backpack he was wearing and said ?I am not on probation? and refused to give consent to search his person or his backpack. The officer involved wondered why the minor would say that and used it as a basis for a pat down search. The officer later said that he became concerned that the minor may have a weapon on his person. It turns out that the minor did have a concealed weapon?a revolver?but that the officer did not have reasonable grounds to perform the pat down search...continue to full post

Full post as published by Southern California Criminal Defense Blog on July 09, 2009 (boomark / email).