Drug Defense Lawyer: Illegal Pat-Down Search

There is a widespread misperception among the public that the police are entitled to pat down anyone they come across. Watch any episode of "Cops" and you will see this pat-down search routinely performed on just about everyone the police encounter. Often, this pat-down search leads to an arrest for drug possession or possession with intent to sell. Any drug defense lawyer will tell you that the Constitution prohibits the police from putting their hands on you and patting you down unless they have specific legal justification. If an illegal pat down search is challenged in court by the defendant's drug defense lawyer, the evidence will be suppressed. Moreover, the police officer will be subject to a civil lawsuit for violating the defendant's Constitutional right to be free from an unreasonable search.



In the landmark case of Terry v. Ohio, a case well known by Orange County drug defense lawyers, the United States Supreme Court held that the police can only perform a warrantless pat down search when the police have:

1. reasonable suspicion;
2. based on articulable facts;
3. that the defendant was engaged in criminal activity; and
4. that the defendant was armed and dangerous.

When a cop performs a pat down search without all four elements (and without a warrant or exception thereto) then it is illegal. But if the pat down search isn't challenged by a drug defense lawyer in court, the illegality will go unnoticed. Unfortunately, many pat down searches are never challenged, especially when a defendant doesn't consult with a drug defense lawyer and just pleads guilty.

So if evidence can be suppressed by the defendant's drug defense lawyer and the cop can be sued, why do the cops continue to regularly perform illegal pat down searches? Because the cops don't really care if the evidence ends up getting suppressed. It doesn't affect the cop one bit. And as for a civil lawsuit, that costs money. Even those defendants with the means to sue a cop usually don't want to expend the energy and time for a small damage award. They are just happy their drug defense lawyer got them out of trouble. Thus, there really is no consequence for the cop. That's why the illegal pat down search continue to be standard practice in police encounters.



If you would like to speak to an experienced Orange County drug defense lawyer call The Law Offices of EJ Stopyro at (949) 559-5500. We offer a free and confidential telephonic consultation.