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Originally Posted by Petey
They could only do a Terry stop, true, but they could detain her for smoking as an infraction.
I misunderstood you.
If the search was legal, yes. If it was in plain view, or if you gave your consent.
I think we agree, we're just saying different things. I was disagreeing with Cory, 'cause he said that an illegal search could result in stuff that would hold up in court.
--Petey
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The girl smoking can not be detained unless they can tell that she isn't 18, which they usually won't do becuase it is really hard to prove and the girl is not required to carry an ID while smoking. So as long as she doesn't look REALLY young, the cops wouldn't usually do anything. And about the legal searches, that includes a search with a warrant. Even if the warrant says that they are looking for something specific, anything they find can be used to prosecute you, even if it wasn't what they were looking for. Other than that fact, I believe we agree.