Did the "cop" find anything illegal inside that pocket?
SAN DIEGO CRIMINAL DEFENSE ATTORNEY--20 years experience
Since you tagged this question with "controlled substances", I assume they found something illegal in your pocket.
Search issues are very fact-specific. Change one fact and it may change the analysis. Having said that, they must have some sort of probable cause to search inside your pocket. They can't just start going through your stuff on a routine detention.
Get a lawyer. If you cannot afford to hire one, request the services of the public defender's office so they can evaluate your case and see if a motion to suppress is appropriate.
The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case.
If this happened in Ventura County, they don't worry about the Constitution.
Are you on Probation? Did you make Furtive gestures? Did he feel something that he thought was a weapon? In other words, there are many exigent circumstances that affect search and seizures by the police. And if they found contraband, you need an experienced and highly rated attorney to first try to get the case REJECTED or at the very least file a Motion to Suppress.
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