Individuals in the U.S. are protected from unreasonable searches, but there are rules that allow officers to conduct certain types of searches in specific situations. When it comes to physically searching a person’s body, the process can seem very invasive. Officers looking for drugs may touch people in very private areas.
Anything discovered in someone’s pockets or on their person could potentially contribute to the state’s case against them in criminal court. Some people hope to defend against drug charges specifically because they claim that police did not have justification to search their person. When is it legal for officers to pat down or frisk an individual in Texas?
There are limits on bodily searches
Police officers could potentially arrest dozens of people from a small neighborhood in a single day if they could just stopped everyone they saw to go through their pockets and bags. It would be very easy for police officers to abuse that sort of authority and target certain communities, which is one reason why there are limits on the right of officers to physically search an individual.
Oftentimes, officers ask for permission to frisk someone and receive it. Without permission, they can generally only frisk someone during a public encounter if they have probable cause to suspect that there could be a weapon on that person. Suspecting the possession of drugs and other contraband is not justification for a physical search without an individual’s consent. Only the reasonable belief that someone may have a weapon on their person would make it appropriate to frisk an individual who is not currently under arrest and who has not given permission to an officer.
Improper searches can influence someone’s defense
If officers do something that violates an individual’s rights or the law, they actually hurt the chances of the state successfully prosecuting a defendant. When defense attorneys can show that officers violated someone’s rights, it may be possible to exclude certain evidence from criminal proceedings. As a result, seeking legal guidance and learning more about the rules that apply to police conduct and searches may benefit those looking for how to respond to pending criminal charges.
