The police may be able to frisk you in certain situations.
Picture this: you’re hanging out with your friends outside of your house when suddenly, the police roll up. They tell you that there have been reports of a robbery nearby, and the suspects match your description. They then proceed to pat you down. Is this legal?
Depending on the circumstances, it may very well be legal. According to a criminal defense attorney in Los Angeles, CA, police may stop and frisk suspects under certain conditions, without a warrant. This is known as a “Terry stop.”
Normally, the Fourth Amendment of the U.S. Constitution requires the police to obtain a warrant before conducting a search or a seizure. The United States Supreme Court has carved out certain exceptions to the warrant requirement, including for Terry stops.
Law enforcement officers may temporarily detain you (a seizure) when they have a reasonable suspicion, based on objective facts, that you may be involved in criminal activity. Reasonable suspicion is a lower standard than probable cause, which is the standard used to approve warrants. There are a number of things that may create reasonable suspicion that someone has been involved in criminal activity, such as a person being in the immediate vicinity of a place where a crime has just occurred, a person attempting to run when they spot the police, or a person driving erratically.
Importantly, while reasonable suspicion may be based on a person’s race or ethnicity, this can only be done if the police are searching for a person of a particular race or ethnicity, and there are other facts that suggest that this person is the suspect. Many racial profiling cases are based on a claim by the police that a person “fit the description” simply for being Black — which does not rise to the level of reasonable suspicion for a Terry stop.
Once you have been lawfully stopped, the police can frisk you (search) if they have a reasonable basis to believe that you are armed and presently dangerous. This pat down can only be done for officer safety. In other words, the purpose is to look for weapons, not to search for contraband. They cannot reach into your pockets, reach under your outer clothing, or seize your phone and search it. However, if the police do find contraband on you during a pat down and it is obviously contraband based on plain feel, it may then be seized and used to charge you with a crime.
If you have been the victim of an illegal stop and frisk, then you may be able to have any evidence seized suppressed, or thrown out of court. A skilled criminal defense attorney in Los Angeles, CA can help you with this process.
At the Chambers Law Firm, we are dedicated to helping our clients achieve the best possible outcome for their case. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with a criminal defense attorney in Los Angeles, CA.
