Can police search my bag without consent?

Question

i was walking from one house to another at around 4 in the morning. two cops pull up,jumpout and start questioning me, ask to search, i say no. they ask if id been drinking and i said yes, it had been several hours and i knew i wasnt intoxicated. he puls out a breathalyzer, i blow, he doesnt show me the results and says, hands on the car, he searches me, puts me in cuffs then in the car, then opens my bag to find my camping knife and a pipe. im 18 and i dont feel they had any right to do what they did. also i wasnt read my miranda rights before they searched, i didnt give consentto the search, i didnt give consent to the breathalyzer, i didnt see the results of the breathalyzer. is there anythign i can do to get out of these charges? are there any good sites with helpful info to me?

Answer 1

The fact is, you're 18 and under the influence of alcohol at any level, gives them "implied consent" to search. You were arrested the moment you tested positive for the alcohol.

Answer 2

A police officer can perform a pat down of the outside of the bag in order to determine if there is a weapon inside without your permission.  

In order to look inside the bag, the officer needs either your permission, or you need to be under arrest.  Miranda warnings only apply to interrogations, not searches.

Were you charged with something before the bag was searched?  If so, such as public intoxication, then the search was legal.

Answer 3

They would be better off if they actually charged you with the intoxication. It might have been a lawful search. Might not. You need an attorney to look at all the circumstances.

(Forget Miranda. That's a warning prior to in-custody questioning and usually has nothing to do with a search.)  

Answer 4

Yes they can!

Answer 5

The officers did not need consent to search. It's called search incident to arrest.

Answer 6

probable cause can have them search anything I believe. But my best advice is to speak to a lawyer. I would even email one on line and tell them what happened. I dont believe they can cuff you without reading you your rights. In the long run you learned your lesson hopefully and if It were me in your possition I would go do some volenteer work asap.

goto a hospital or a church even join the police youth group they have  and start trying to show that you could become  a good citizen and just made a mistake and learned a lesson from it. You need to realize the only things in life that you CAN do are the ones that carry  NO regrets or consequences! think about it.

and welcome to the real world!

best of luck.

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