The Arizona Desert Lamp

Fourth Amendment rights – you’re doing it wrong

Posted in Campus by Evan Lisull on 4 May 2009

One step forward, one step back:

A man was cited and released for possession of marijuana on April 24 at 10:48 a.m.

While on patrol, an officer stopped two men on bicycles for a traffic violation. The officer noticed that the men both had large backpacks on and asked to search them. Both men agreed to the search.

In one of the men’s backpacks, an officer found a marijuana joint in the left zippered pocket. He noted that there was also marijuana “shake” in the front zippered pocket.

The man told the officer that the joint was not his and he did know it was in there. He was cited and released on scene and the joint was confiscated.

The issue is moot because the kids gave consent, but is the UAPD honestly trying to suggest that “large backpacks” are a reasonable condition for requesting a search? The issue isn’t so much legal (as you can always ask to search someone) as it is commonsensical, unless there’s some sort of correlation with “large backpacks” and drug use.

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One Response

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  1. A. Hill said, on 4 May 2009 at 4:40 pm

    What the hell? “I see you have some pockets, sir — mind if I check inside them?” Whatever happened to having reasons before you tried to search somebody?


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