A police encounter in a public location may lead to a bodily search. So-called “stop-and-frisk” encounters often occur when police officers do not have reason to arrest an individual.
They may be the result of racial profiling or a person simply being in the wrong place at the wrong time. Stop-and-frisk searches can lead to an arrest based on what officers find during a search, even though they may not have previously had reason to arrest that person.
Let’s look a little more closely at these searches.
Court rulings limit stop-and-frisk authority
The U.S. Supreme Court has previously ruled on stop-and-frisk encounters, setting a key standard for pat-downs. Also known as Terry stops because of the court case that restricted this practice, stop-and-frisk searches are generally only appropriate in scenarios where police officers reasonably suspect that a person may have a dangerous weapon on them.
Without a reasonable suspicion that a person has a weapon, the search may not be legal. Officers can only conduct minimal pat-downs for safety reasons in cases where they do not yet have a valid reason to arrest an individual.
Anything that is found by police officers during an illegal search may not be admissible during a criminal trial. A defense attorney could potentially get all of that evidence excluded from criminal proceedings.
Reviewing what led to an arrest with an experienced criminal defense attorney can help people fight charges that have been brought due to unfair circumstances or civil rights violations. Challenging the legality of a stop-and-frisk search can play an important role in a successful criminal defense strategy.