Must criminal trespass be intentional and was this search legal? ?

Question

My son was told (verbally) by police to stay out of a specific public park. He thought that he was doing as he was told when he and a friend were standing and talking on the lawn of a public building on the same block as the park. He was arrested and charged with "criminal trespass". I had not been aware that the" park" extended to other puplic places in town. He was searched, pockets and all. (Was the search legal? - We live in the USA) He was also charged with possession of alcahol, although no alcahol was found in the search and the police did not test him for alcahol. What's going on here?

Answer 1

I have doubts that the story your Son told you is true. The police do not usually press charges without proof that can be shown in court. If his story is true, it will come out in court. Be prepared to hear "the rest of the story".

Answer 2

Your son was caught with alcohol and for tespassing, instead of being concerned with your son's behavior, you are upset with the people who caught him???   That shouts volumes about the enviroment he is growing up in.

Yes the search was legal. Police are allowed to search for their protection when arresting, (for trespass) or when reasonable suspicion exist to believe a person may be armed.  

Please note here, the US supreme court has lessened the self protection search standard from probable cause to reasonable suspicion. A few states have stuck with probable cause, but by and far the majority states go with the lesser requirement.

Answer 3

I agree with the first answer.  Yes, the search was legal.  Anyone under arrest has to be searched for the safety of the officers. In the US thats standard procedure.