Ogden, UT asked in Criminal Law for Utah

Q: im being charged wit two 3rd degree felonies for possession.I was under a lot of stress of losing a loved one so I fell

asleep in the park it was during the time ur allowed to be there i fell asleep and was woke up by two officer telling me i had been groping my self when i wasn't around no kids no citizens the woke me up by poking at me then asked me if they could search for weapons and some how ended up reaching in my back pocket where they located a control substance also i had 675 dollars on my person luckily i posted bail and went to the police station and retrieved my belongings in which i had no money went to jail wit no money but was can i do to retrieve the money and my shoes how can they harass a person who committed no crime let alone search me instead of frisking me for weapons

Related Topics:
1 Lawyer Answer
Brent J Huff
Brent J Huff
  • Criminal Law Lawyer
  • Salt Lake City, UT
  • Licensed in Utah

A: If officers have a reasonable suspicion of criminal activity, even if the suspicion ultimately turns out to be wrong, they can stop someone for an investigatory detention. During such a detention, if officers have a reasonable suspicion that the person may be armed and dangerous, they can conduct a protective frisk. A person can also consent to a search. Here, if someone complained to the officers, the probably had the right to conduct an investigatory detention. Whether they had the right to search your pockets depends on all the facts, some of which you might not be aware until Defense counsel is able to review the State's evidence against you, i.e. after the case is filed in court. The money may be being held as evidence in the case. Again, you need a good attorney to get the evidence and determine how best to fight the case and argue to get your $ back.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.