Phoenix, AZ asked in Cannabis & Marijuana Law, Civil Rights and Constitutional Law for Arizona

Q: when you're stopped on your bicycle the reason being no lights can they take your pocket knife from your hip that is 2"

I did have lights front and back as he's searching my fanny pack the other officer said I fit the description that was given earlier. I did not fit the description I was just on a bicycle in the area actually I was headed directly to the crime scene so and headed toward the police cruisers the cop used several different reasons why he needed to open my fanny pack I don't think they legally had authority to ask me for it

1 Lawyer Answer
Brad Rideout
Brad Rideout
Answered
  • Criminal Law Lawyer
  • Scottsdale, AZ
  • Licensed in Arizona

A: If you were riding your bike at night, they can pull you over for not having lights. They can't search you absent reasonable suspicion or search incident to arrest.

Sounds like you pocketknife was legal. See the following blog on knives in Arizona https://www.rideoutlaw.com/carry-a-knife-in-arizona/

The problem with police departments once they take an item, its hard to get it back. You can call whatever police department's property and evidence department to check the status of your property.

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