Many people feel anxious when interacting with police officers in public. They may worry that officers could misidentify them as a criminal or misinterpret their behavior. Innocent people sometimes get arrested or even mistreated by police officers due to being in the wrong place at the wrong time, sharing characteristics with a suspect or becoming too nervous during an interaction.
One of the many ways that police officers may try to turn a casual encounter in a public space into a criminal situation is by physically searching, frisking or patting down a person who has every legal right to be on the sidewalk or in a public park. In some cases, those searches may actually violate the rights of the individual.
When is it legal for police officers to stop and frisk someone they encounter in a public space?
Stop-and-frisk searches are subject to strict rules
The Fourth Amendment extends protection against unreasonable searches and seizures. Police officers generally need a valid justification for conducting a physical search of a person. It is lawful for officers to search people when taking them into state custody. Doing so helps prevent scenarios in which people bring contraband or weapons into state facilities.
If an officer does not have the probable cause necessary to arrest a person, then their right to search or frisk that person is subject to a very high standard. The United States Supreme Court has previously ruled on such searches and determined that they are lawful in one situation.
An officer has to have a reasonable suspicion that the person they want to search has a dangerous weapon concealed on their person. Simply suspecting them of criminal activity, possession of stolen goods or possession of drugs is not sufficient reason to conduct a bodily search of an individual. Neither is their presence in an area with a strong association with criminal activity.
Officers can search for weapons to protect themselves and others. Otherwise, they need permission to conduct a physical search. In cases where police officers have violated someone’s basic civil rights with an illegal search, their actions may compromise the ability of prosecutors to use that evidence in a criminal case later.
Learning more about the rules that govern police conduct and criminal trials can be beneficial for those accused of breaking the law. Proving that an illegal search occurred can play an important role in a criminal defense strategy by helping to prevent the use of certain evidence at a trial.