Police officers generally conduct searches to find evidence of criminal activity and to prevent additional crimes. They may search vehicles, businesses and private residences when they suspect criminal activity. They may also want to search an individual’s person. Bodily searches, also known as pat-downs or frisks, can feel relatively invasive. They can result in police officers arresting people for the items found in their pockets or on their person.
Is it lawful for a police officer to search people in public due to suspicions that they may possess drugs?
Physical searches require specific justifications
There are three main situations in which police officers can justify physically searching a person during an encounter in public. The first is when they arrest that person due to reasonable suspicion of a specific criminal activity. They can then search for fruits of criminal activity and any contraband before taking that person into state custody.
To physically search someone without previously arresting them, police officers typically need either permission from that person or suspicion that they possess a dangerous weapon. Patting someone down in public without their consent while they are not under arrest simply to look for drugs could constitute a violation of that person’s rights. A defense attorney could potentially suppress evidence obtained through an unlawful search to prevent its use at a trial.
If drug charges are the result of an unlawful search, the misconduct of police officers could play a role in a criminal defense strategy. Discussing a questionable pat-down or frisk with an attorney can help drug defendants evaluate their options.
