Albuquerque, NM asked in Criminal Law for New Mexico

Q: Do I have to consent to being searched just because someone accused me of taking his things?

This happened with the drunk person sitting next to me on an airplane, he threatened to beat me up when he lost his things accusing me and getting police called to the plane

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1 Lawyer Answer
Paul Gerhard Hanson III
Paul Gerhard Hanson III
Answered
  • Criminal Law Lawyer
  • Lynnwood, WA

A: No. The police cannot search you without a search warrant, an arrest, a police detention or an emergency situation being present. In addition, the police cannot search you without probable cause to believe that you committed a crime or have evidence of a crime on your person. This right to be free of unlawful police searches is protected by both the federal and state constitutions. However you can always voluntarily consent to being searched. So the police cannot search you on a plane just because a drunk passenger claims you took his stuff. That would not be enough for probable cause to exist for a lawful police search.

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