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Criminal Law: A Desk Reference. It is important to remain cooperative, as causing a scene may result in an incident to arrest, but do not give consent to a search without probable cause. If you are arrested, it is extremely important to remain silent until you can speak to a criminal defense attorney. Remember that even if you are arrested or items are found on you, they may not be admissible in court if the officer violated your constitutional rights during a frisk or search.
To learn more about your rights, or to find assistance after an arrest, contact Las Vegas criminal defense attorney Brian J. Smith at today. Photo courtesy of Bruce Bortin What is a Frisk? The officer removes the packet and arrests the driver for possession of illegal drugs. The contents of the packet are not admissible in evidence. The officer had reasonable grounds for detaining the driver, but lacked probable cause to arrest the driver and conduct a full search. Therefore, all the officer could do was frisk the driver and seize either a weapon or contraband in plain feel.
The officer could tell from a plain feel that the packet contained illegal drugs, so the seizure is valid.
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