Even people who fastidiously follow the law may feel anxious when interacting with police officers. People worry about officers misidentifying them as a suspect or accusing them of breaking the law.
In some cases, police officers go on fishing expeditions where they try to find a reason to detain or arrest an individual. Sometimes, what they find during an interaction can provide justification for an arrest and criminal charges. One of the ways that officers may try to find incriminating evidence is through a physical or bodily search of an individual. A pat-down or frisk search could turn up drugs or other illegal items.
Can officers randomly search people who are in public locations late at night or out in neighborhoods with high crime rates?
Officers need a reason to search
Indiscriminately frisking random people is invasive and inappropriate. Police officers generally need a reasonable explanation for why they frisked or patted down an individual. Simply being in an area known to have a high crime rate or being out on the sidewalk after dark isn’t justification for an officer to search a person.
In many cases, police officers may try to sidestep search restrictions by asking for permission. Once individuals consent to a search, officers could use whatever they find as justification for an arrest. If people do not give permission, then officers can only search in specific situations.
Police officers can pat people down for their own safety if they have a reasonable suspicion that the individual has a dangerous weapon on their person. If the officer believes due to someone’s behavior or statements that they could possess a weapon, patting the person down is legal.
Otherwise, officers can only pat someone down if they already have the probable cause necessary to arrest that individual. If officers witness an assault or an illegal drug transfer, they can use what they see as probable cause to justify a physical search. They can also search a person who is under arrest before transporting them to state facilities.
If officers conducted an illegal search, that behavior could influence what evidence the state can use during a trial. Discussing a police officer’s conduct with a skilled legal team can potentially help defendants develop strong criminal defense strategies. Inappropriate searches can influence the usefulness of evidence and the viability of criminal charges.