The police only need reasonable suspicion to stop you.
If you are walking down the street, minding your own business, you may be surprised to find yourself stopped by the police — and even more shocked if the police start patting you down. Yet both United States and California law allow these types of intrusions in limited situations.
Known as “Terry stops” or “stop and frisks,” these stops are a bit of an exception to the requirement that the police have probable cause to search and seize people and their propertyy. Instead, as a criminal defense attorney in San Bernardino, CA will tell you, under California’s stop and frisk laws, the police only need “reasonable suspicion” to stop you and a “justifiable belief” to pat you down.
Let’s break that down. Under California law, there are two rules that govern stop and frisks:
- In order for police to temporarily detain you in a public place (a stop), they must have a reasonable suspicion that you have recently been involved in criminal activity.
- For police to conduct a pat-down search (or frisk) of your outer clothes to look for weapons, they must have justifiable belief that you may be armed and dangerous.
The initial stop is considered a seizure for purposes of the Fourth Amendment, while the frisk is considered a search. If the police do not have reasonable suspicion or a justifiable belief and they illegally stop and frisk you, then your criminal defense attorney in San Bernardino, CA can file a motion to suppress any evidence that they found as a result of the illegal search and seizure.
It is important to know that reasonable suspicion is a far lower standard than probable cause. An officer could base reasonable suspicion on an anonymous tip or a police officer’s experience. For example, if a person is acting in a way that the officer knows to be consistent with someone who is selling drugs (taking money from a person, removing something from a hiding place and giving it to that person), that may qualify as reasonable suspicion).
A justifiable belief must be a reasonable basis to believe that you are both armed and presently dangerous. The officer’s search must be limited only to weapons that can be used against the officer — not for contraband generally, but for weapons. The officer is supposed to limit the pat-down to “plain feel” — what he can feel on the outside of your clothing. But if he or she can feel something that is clearly contraband through your clothing, then he or she can seize it, and it can be used as evidence against you.
If you have been subjected to an illegal stop and frisk, your criminal defense attorney in San Bernardino, CA may be able to have the evidence seized as the result of the illegal excluded from court. This may result in your charges being reduced or even dismissed. Consult with your lawyer to learn more about this possibility.
At the Chambers Law Firm, our attorneys have broad experience in handling illegal search and seizure cases. Contact us today at 714-760-4088 or dchambers@clfca.com to learn how we can help you. Initial consultations are always free.
