For the state to successfully prosecute criminal charges against an individual, there needs to be strong evidence. Prosecutors must present evidence that shows beyond a reasonable doubt that a crime occurred. Oftentimes, that evidence comes from searches conducted by law enforcement professionals. Officers can request authorization to search vehicles and residences by getting a judge to sign a warrant. They can also sometimes physically search a person.
A pat-down or frisk search has the potential to be relatively invasive. Officers touch a person’s body and clothing looking for indicators of hidden weapons or illegal items. What they find could potentially strengthen the state’s case against that person.
When is it lawful to physically search a person?
As part of an arrest
Conducting a thorough physical search as part of the arrest process is standard practice. Officers need to ensure that people do not bring anything unsafe or illegal into state facilities. If police officers discover an outstanding warrant for an individual or if they have probable cause to accuse the person of a crime, they can conduct a search of the person’s body as part of the arrest or during intake procedures at state facilities.
As part of a Terry stop
A Terry stop is also known as a stop-and-frisk encounter. The Supreme Court has previously ruled on a case out of Ohio. The ruling made it clear that officers can’t conduct unnecessary warrantless searches of people while they are in a public setting.
Police officers can generally only physically search individuals if they have a reasonable suspicion that they may possess a dangerous weapon. Otherwise, their only option might be to ask for permission from the person.
If an individual consents to a search, then an officer can pat them down. If an inappropriate search occurred, challenging the use of the evidence obtained during the search could be part of the overall criminal defense strategy that the defendant develops.
The exclusion of evidence secured during an unlawful search might lead to the dismissal of pending charges or may pave the way for a straightforward defense strategy. Reviewing the conduct of police officers with a skilled legal team can help people determine if a violation of their rights may have occurred.