Police officers are always on the lookout for signs of inappropriate and illegal behavior. They can initiate traffic stops when they see people doing something illegal on the road. They can also briefly stop and talk to people in public settings while investigating reports of crime nearby.
Encounters with police officers in public locations often leave people unsure of their rights. Police officers may take advantage of the gaps in an individual’s knowledge by tricking or manipulating them into giving up some of their rights. For example, police officers may ask to conduct a search when they couldn’t perform one legally. A pat-down or frisk search is not necessarily legal without the permission of the person whom an officer searches.
When can officers lawfully pat people down?
It would be very easy for police officers to abuse their authority to physically search anyone they encounter in public spaces. Police officers could engage in racial profiling and might target specific individuals unfairly.
Therefore, officers can only physically search people when they have permission or the situation meets other specific standards. Georgia state law permits police officers to physically search individuals who are subject to arrest. Doing so helps avoid scenarios in which drugs or weapons make their way into state facilities.
In scenarios where officers do not have the probable cause necessary to arrest an individual, patting them down is only appropriate with permission or in one other specific scenario. If an officer has a reasonable suspicion that the person has a dangerous weapon in their possession, they can potentially pat that individual down. It is legal to check for a weapon that could endanger the police officer or other people nearby.
Although police officers might suspect that someone has drugs in their possession, such suspicions are not a legal justification to physically search an individual. Officers cannot pat someone down for drugs unless the officer believes they have met the standard necessary to arrest that individual already.
Frequently, inappropriate searches lead to drug charges based on what police officers locate during a particular search. Reviewing the conduct of a police officer with a skilled legal team can sometimes help provide the basis for a viable criminal defense strategy. The courts may exclude evidence that police officers obtained by breaking the law or violating an individual’s civil rights.