Q: Did the officer have to state to me first what she was searching for on me not during the search aftermath
I was caught shoplifting at target..officers come and a women officer asks me if she can pat me down in search of any stolen merchandise on me..i know i had no merchandise of store on me so therefore i say ok..but as she is padding me down she feels what was my money and i had a bag with personal use of controlled substance she and ask what it was i said my personal things its not any of the stores merchandise which is what your looking for right..she then turns it around and adds in that any illegal items as well..but thats not what she had stated to me in the beginning before i agreed to the padded search..and adds in a extra charge of possession to my shoplifting one already ..i dont want this charge i feel they didnt have a right to have taken any thing from me that wasnt the initial item they were in search for
A:
Generally speaking, officers can seize evidence and contraband that are found in plain view , if they are lawfully in the position to observe it.
If you consent to a search, you have waived your 4th Amendment rights and the right to complain about the seizure of contraband found in plain view.
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