Unexpected encounters with police officers in public locations can lead to invasive questions and sometimes even an arrest. In some cases, what starts as a brief greeting in a public location can lead to an invasive physical search and then criminal prosecution.
What police officers find in a person’s pockets or in a bag that they carry could lead to criminal consequences. Sometimes, defendants facing charges based on a bodily search can work with a lawyer to suppress evidence because police officers have violated their rights.
When is a pat-down legal?
California state statutes and federal court rulings reaffirm people’s constitutional protection from invasive and unnecessary searches. California state statutes specifically identify pat-down searches conducted on the basis of race as a form of discrimination. Prior court rulings have validated that random pat-downs are invasive and inappropriate.
Police officers can’t physically search people due to their presence in a high-crime neighborhood or their appearance. A pat-down or stop-and-frisk encounter may only be legal in scenarios where officers can reasonably claim that they believed the person possessed a dangerous weapon.
If criminal charges result from an improper search, a defense attorney may be able to suppress evidence based on the violation of rights that occurred. The prosecutor may not be able to use evidence obtained by violating state laws or the civil rights of the defendant.
Improper pat-down searches can lead to officers claiming that they have found illegal items, such as drugs, in someone’s possession. Reviewing a police officer’s conduct and pending criminal charges with a defense attorney can help individuals respond effectively to pending criminal charges in California.