Hands Up, Pants Down, But Is that An Illegal Search?

By Pushor Mitchell LLP
Categories: Blog

No good deed goes unpunished. Officer Kara Breci discovered the truth in that old saying during a drug bust outside White Castle burgers in November of 2008. When she spotted a possible drug deal going down in the parking lot, Officer Breci and her partner swung into action, got the suspects out of their vehicle and ordered hands in the air.

According to the Star-Tribune, unfortunately the drug bust wasn’t the only thing that when down that fateful day, so did the pants of suspect Frank Wiggins, when he raised his hands. Out of kindness, or just a reluctance to get any better view of the suspect’s underwear, Officer Breci reached to hoist Wiggins’ pants back into place. That’s when she found the gun.

To read the rest of the article, go to http://blogs.findlaw.com/legally_weird/2010/09/hands-up-pants-down-but-is-that-an-illegal-search.html