The Constitution enshrines numerous important civil rights. Those rights range from the freedom of speech to the right to a speedy trial when facing criminal accusations. People also have protection from unreasonable searches and seizures conducted by government agents, including police officers.
Rules limit when police officers can search private property and vehicles. There are also restrictions on police officers conducting physical searches of people’s bodies. Some of the most invasive and upsetting bodily searches may occur with little warning in public spaces.
Police officers sometimes stop people in locations they can lawfully be, such as sidewalks in urban centers or public parks. They then pat down or physically search that person. Individuals may end up arrested and facing criminal charges because of what police officers find during a search in a public location. Can such searches sometimes constitute a violation of an individual’s civil rights?
There are limits on stop-and-frisk encounters
The federal Supreme Court has had to rule on cases involving questionable search practices. Those rulings help establish appropriate standards for law enforcement activity. Many people refer to stop-and-frisk situations as Terry stops. That term references one of the most important court rulings on the issue.
In general, police officers can stop and communicate with people with very little justification. However, they need a viable reason to actually search an individual’s body. Typically, a stop-and-frisk encounter is only justifiable in scenarios where police officers have probable cause to suspect that an individual has a dangerous weapon in their possession.
Simply suspecting them of involvement in criminal activity or possession of drugs is not an adequate reason to physically search an individual’s person. Without that probable cause, officers can usually only search a person’s body with their permission or when preparing to take them into state custody.
Provided that a defense attorney can convince the court that a police officer lacked justification for a stop-and-frisk search, they may be able to exclude what officers found during that search from criminal proceedings. Recognizing that an illegal search occurred can help people stand up for themselves after an inappropriate encounter with police officers. The elimination of certain evidence can make a major difference for those facing criminal charges.
