People generally have a reasonable expectation of privacy, especially when it comes to their bodies. There are various rules established by federal law and important prior criminal cases that help protect people from police officers violating their rights.
For example, the Fourth Amendment protects people from unreasonable searches and seizures of their property. There are different standards that apply to different types of searches. Often, police officers require a warrant to conduct an in-depth search of private property.
However, chance encounters with members of the public can also sometimes result in searches that culminate in an individual’s arrest. Police officers may perform bodily searches of someone’s person in an attempt to locate evidence of criminal activity. When is it legal for a police officer to physically search a member of the public?
When they arrest someone
Frequently, a pat down or frisk search occurs as part of the arrest process. Police officers who intend to take someone into state custody generally want to ensure they do not have any contraband in their possession first. A thorough search either occurs at the time of arrest or during the intake process at state facilities. It is legal for police officers to search someone as part of the intake process at a state facility or prior to transporting them to a holding facility.
When they suspect presence of a weapon
Police officers have the right to take necessary actions for their own safety. For example, they can conduct a search that they believe is necessary for their physical safety when someone seems to have a weapon in their possession. During an encounter in a public location, officers need to have probable cause to suspect the presence of a deadly weapon to justify a physical search of someone’s body. Barring reason to suspect the presence of a weapon, patting an individual down when they are not subject to arrest could constitute a violation of their rights.
When the individual permits the search
Police officers sometimes get around the rules restricting physical searches by asking for permission. Many people who don’t understand their rights make the mistake of giving up certain protections in their eagerness to comply with the police. If an officer asks to search someone physically or pat them down, that is often an indication they don’t have grounds to conduct a search otherwise.
When officers conduct illegal searches, challenging their conduct could play an important role in a criminal defense strategy. Challenging the use of evidence located through an illegal search can potentially help people avoid a criminal conviction.
