Police officers help enforce the law and investigate criminal activity. Conducting searches is one of the many ways that they gather evidence of criminal activity. When police officers already have strong suspicions about particular individuals, they can go to judges to obtain search warrants. Those intervening in a crime in progress can sometimes justify a search on the basis of having probable cause.
There are many other searches that occur that may constitute a violation of an individual’s civil rights. The Fourth Amendment enshrines the protection to be free from unreasonable searches and seizures. Police need to be careful to conduct searches in a lawful and appropriate manner. Pat-down or stop-and-frisk searches of an individual’s body feel invasive. They can also potentially lead to criminal charges if police officers find something questionable in an individual’s possession.
When is it legal for officers to frisk people during an encounter in public?
When they believe there may be a weapon
The Supreme Court of the United States of America has had to rule on the constitutionality of pat-down searches previously. In a stop-and-frisk scenario, officers generally need a reasonable belief that the individual possesses a weapon.
Without that belief, patting down someone who is not subject to arrest is likely a violation of their civil rights. If police officers frisk people without their consent and find contraband, a defense attorney may be able to prevent the state from using evidence connected to the unlawful search during criminal proceedings.
When they intend to take someone into custody
Sometimes, an individual meets the description of a criminal who fled the scene of a crime recently. Other times, they may make statements that imply that they broke the law. Provided that a police officer has the probable cause necessary to arrest an individual, they can conduct a physical search of their person to look for drugs and contraband.
Individuals who understand their rights generally have an easier time handling an encounter with the police. Those who suspect a search was illegal may be able to use that as part of a criminal defense strategy. Their lawyer may be able to challenge the use of certain evidence or secure a dismissal of their charges.