“Just Checking for Weapons” Doesn’t Mean Police Can Manipulate and Empty Your Pockets
Police cannot automatically pat search you. Police are allowed to pat you down during police encounter if they genuinely believe you might be armed and dangerous. That’s it. That’s the whole purpose. It is not supposed to be a backdoor way to search for drugs.
The Myth: “A Pat-Down Is the Same as a Search”
Not quite. A pat search is sometimes called a Terry frisk or Terry stop and frisk, based on a case called Terry v. Ohio, 392 U.S. 1 (1968) where the United States Supreme Court established the legal standard allowing police to conduct a brief investigative detention and pat down search. In general, a pat-search exists to protect officer safety, not to hunt for evidence of a crime or “contraband.” If an officer feels something during a lawful pat-down that is obviously a weapon or contraband just from the outside, that’s one thing. But grabbing and manipulating whatever is in someone’s pocket to determine whether some other object might be contraband is another.
What Happened Here
Officers pulled a driver out of his car and patted him down. But the body camera showed something more than a pat search. The officer was caught on video grabbing and moving an object inside the driver’s pocket, an object later identified as a meth pipe. It was removed and other narcotics were recovered.
There was another problem. The officers themselves admitted that, before the search even happened, they had no facts suggesting the driver was armed or dangerous. He had been fully cooperative the entire time.
Why That Matters
So there were two problems – the pat search was not support for officer safety reasons, and the scope of the pat search exceeded what was allowed under Terry. Once we showed judge the video and had the chance to argue about the law and what the officers testified about, both problems became clear.
The Result
Because the search exceeded what the law allows, the drug evidence found in the driver’s pocket, along with everything that followed from it, including a blood and urine test, was suppressed. The felony drug charge and the DWI charge were both dismissed.
What This Means
For You If you were searched during a traffic stop and something was found, the search itself deserves scrutiny before anyone assumes the evidence is fair game. “He gave consent” or “it was just a pat-down” doesn’t always hold up.
Call Marie Pacyga at Pacyga Trial Lawyers at 612-339-5844 if you think an officer might have gone further than the law allowed.
This post is for general informational purposes only and does not constitute legal advice. Every case is different. Contact an attorney to discuss your specific situation.