The Fourth Amendment to the Constitution protects people from unreasonable searches and property seizures. Police officers cannot search property or people without a valid justification.
Few searches feel more invasive than a frisk, pat-down or bodily search. Police officers who search people by frisking them may find drugs or other contraband that then become the basis for criminal charges.
Some defendants fight criminal charges by questioning the legality of a search and request the evidence found be excluded from the criminal trial. Physically searching individuals is generally only an option in specific circumstances.
Officers need a justification to search
Police officers generally cannot indiscriminately stop individuals and search them to find an excuse to arrest them. Physically searching an individual requires a pre-existing justification. Often, officers obtain that justification by asking for permission to perform the search.
If the individual does not consent, officers can typically only physically search the individual in one of two scenarios. Police officers can pat people down when they suspect them of possessing a dangerous weapon. Suspicion of an individual possessing other illegal items does not necessarily justify a physical search unless the officer has probable cause.
Probable cause to suspect that a specific crime occurred could lead to a search. Generally, an officer with probable cause can arrest the individual on the basis of that probable cause and conduct a search of their person before taking them into state custody. Officers can check for drugs and other contraband to make sure people don’t bring inappropriate items into state facilities.
If officers pat down people inappropriately, that could provide the basis for an effective criminal defense strategy. Understanding basic rights may help people protect themselves from mistakes that could put them at risk of criminal prosecution.