The Fourth Amendment extends some of the most important protections for those dealing with police officers. Representatives of the state, including law enforcement professionals, cannot conduct unreasonable searches and seizures.
The Fourth Amendment protects everyone in the United States from inappropriate property seizures and searches that could lead to criminal charges. Over the decades, there have been many major court rulings interpreting the Fourth Amendment. High courts have helped to establish disclosure rules that make it necessary for police officers to inform people of their rights. They have also empowered police officers to conduct certain types of searches while limiting their authority to conduct other types.
Physical searches, which people may call frisks or pat-downs, can be particularly invasive. An officer touches someone’s body. Is a stop-and-frisk encounter where police officers pat someone down in a public location a violation of an individual’s Fourth Amendment rights?
There are rules for bodily searches
The Supreme Court has had to rule on pat-down searches or stop-and-frisk encounters in the past. Some people refer to these interactions as Terry stops in reference to the Supreme Court ruling on the practice.
It is not appropriate for police officers to physically search people without justification, although they can casually interact with anyone in public locations. During an encounter in a public location, police officers typically need one of three justifications to physically search an individual.
The first justification is that they suspect the presence of a deadly weapon. If officers have probable cause to believe that someone has a dangerous weapon on their person, a search to ensure the safety of the officer and others nearby is reasonable.
Searches are also potentially legal when an individual gives their consent to the search. Otherwise, a physical search is only appropriate if the police officer takes them into state custody. Physical searches are a standard part of the jail intake process to prevent people from bringing drugs and other contraband into state facilities.
If police officers conducted an illegal search, that could affect what evidence the state can use while prosecuting criminal charges, such as drug possession allegations. Discussing the situation with a skilled legal team can help to ensure that someone’s rights are protected. Understanding the rules that govern police conduct can help people plan a defense strategy when facing accusations of criminal activity.
