Police officers sometimes go too far in their efforts to solve crimes and protect communities. They might flagrantly violate the rights of individuals who they suspect of criminal activity. For example, they may search people without a valid legal justification.
Conducting inappropriate searches could lead to the discovery of compelling evidence. However, people in the United States have constitutional protection from inappropriate warrantless searches. Sometimes, officers force their way into residences without permission. Other times, they might try to search vehicles without adequate justification during traffic stops. Some officers even pat people down or frisk them in public locations.
Is it legal for officers to pat down people who are not subject to arrest?
The law limits physical searches
Officers can search people when taking them into state custody after they arrest them. They can also search people when they have permission or probable cause to suspect a specific criminal violation.
Simply being present in a high-crime neighborhood is not an adequate legal justification for an officer to physically search an individual. Searches of a person’s body without permission usually require a credible suspicion that they may possess a dangerous weapon.
An inappropriate frisk or pat-down could lead to the discovery of drugs and criminal prosecution. Thankfully, a defense attorney may be able to convince the courts to set aside evidence because of the unlawful search that occurred.
Reviewing the circumstances leading to an arrest with a skilled legal team can help people assert themselves when facing drug charges or other criminal allegations that began with an improper search. Violations of an individual’s rights and illegal police officer actions can impact the state’s case and help defendants avoid convictions.
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