Sometimes, police officers overreach their legal authority. They can break the law or violate the civil rights of the people with whom they interact. Inappropriate and unlawful searches are a perfect example of these issues.
Some law enforcement professionals may assume that the people they encounter are unfamiliar with their rights and unlikely to fight back if they violate them. Police officers might conduct a physical search of an individual because they believe they are likely to find drugs on that person.
If they did not already have a reason to arrest that person and the individual did not give their consent to the search, then the search might have been a violation of the individual’s Fourth Amendment rights.
The law limits pat-down searches
The Fourth Amendment broadly protects people from unreasonable searches and property seizures. High court rulings and state statutes have helped to clarify that right. There is only one specific situation in which it is appropriate for a police officer to perform a stop-and-frisk search, sometimes also called a Terry stop in reference to a critical Supreme Court ruling on this matter.
A Terry stop is only lawful when a police officer reasonably believes that criminal activity is afoot and suspects that an individual may have a dangerous weapon concealed on their person. Suspicion of drug possession is not an adequate reason to pat someone down during a random encounter in public.
Police officers may try to sidestep this rule by asking people if they can conduct a quick search of their person. Officers can search people for drugs if they obtain consent from that person. They can also conduct searches for drugs when they have arrested an individual and intend to transport them to state facilities.
During an encounter in a public space, officers cannot pat people down without appropriate justification. If they conduct an inappropriate search, a defense attorney may be able to challenge the use of the evidence that officers found. The courts may have to exclude evidence obtained through civil rights violations or illegal activity.
Discussing a police encounter that led to with a skilled legal team can help people develop appropriate defense strategies. A questionable search can play a major role in a defense approach.