FlyerTalk Forums - View Single Post - So what exactly creates probable cause?
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Old May 6, 2009 | 8:41 pm
  #296  
Trollkiller
 
Join Date: Jul 2008
Location: Florida
Posts: 3,006
In the case of Law Dawg using the Andy Griffith approach to kids being kids, guess what, his approach is NOT unconstitutional.

Telling a kid to empty his pockets on suspicion is not a violation of the 4th Amendment. For one the kid can turn and walk away, secondly if you really want to press it the officer has the right to search to maintain his safety once he makes contact.

Property that a person does not have the right to possess is NOT protected by the Constitution. So there is no 5th Amendment violation. Beer, weed and huffing paraphernalia in possession by a minor would fit this category.

If Law Dawg saw fit to take money or even a screwdriver from a minor you may have a 5th Amendment violation.

Time to mess with your heads.

Just because something is unconstitutional does NOT automatically mean it is immoral, wrong or otherwise nefarious. (example: line item veto)
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