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Asker
Posted almost 3 years ago.

I wasn't arrested at that point when I got out of the car, I just got out too look for my ID when he asked me what was in my pockets.

Steven Marc Raiser
Steven Marc Raiser, Criminal Defense Attorney - Mineola, NY
Posted almost 3 years ago.

What was your response?

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Asker
Posted almost 3 years ago.

I pulled out a 5 dollar bill, and then he stuck his hands in my pockets...he claims that he felt something "sharp". but I don't see how that's possible if he didn't even pat me down first.

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Asker
Posted almost 3 years ago.

Also, there was no probable cause at that point either. He did bring me to the back of car before he stuck his hands in my pockets but other than that I never consented to a search. He claims I was being suspicious because when I got out of the vehicle I was trying to keep my money from falling out of my pocket when I got out since I was wearing baggy gym shorts. I do not know if this is enough to warrant a search on an individual. It was just a habit since I wear baggy shorts and everything always falls out my pocket when I get out of the vehicle.

Steven Marc Raiser
Steven Marc Raiser, Criminal Defense Attorney - Mineola, NY
Posted almost 3 years ago.

You're right - he should have patted you down for officer safety. He should not have just reached into your pockets.