The Illegal “Pat-Down” Search; Your Ticket To A Dismissal

Law Offices of EJ Stopyro
Orange County CriminalDefense Attorney
Drug Defense Lawyers in Orange County

You see it on just about every episode of Cops. And, if you are unlucky enough to be confronted by the police, you may have undergone the emasculating ordeal yourself. I’m talking about the “pat-down” search where the cop says “do you have anything on you” while he puts his hands on you and pats and grabs your clothing. Not only is this search demeaning and humiliating—this government agent is treating you and talking to you like you are a child and he or she is your irritated parent checking to see if you are bad. It is almost always ILLEGAL.

The fourth Amendment to the United States Constitution guarantees us all the right to be free from unreasonable search and seizure. This means that the cops cannot detain you and certainly cannot search unless they have probable cause that you have committed a crime or they have a warrant. Over the years, exceptions to the warrant requirement have emerged. For example, in a landmark case called Terry v. Ohio, the United States Supreme Court held that a police officer may conduct a limited search of a persons outer clothing by patting it down if the police have 1) reasonable suspicion; 2) based on articulable facts 3) that the person is armed and dangerous. Thus, this case gave birth to the “pat-down” search or “Terry” stop.

But the Supreme Court was careful to emphasize that a pat-down search is the exception to the general rule requiring probable cause or a warrant. If a cop pats you down, he must be able to list facts that made him believe that you were “armed and dangerous”. If the cop cannot list such facts, then the search was illegal and your Orange County Criminal Defense lawyer should file a motion to suppress any evidence found as a result of the search so that it cannot be used against you.

These days, however, cops routinely pat down people they come into contact with. When police respond to an assault or domestic violence call, a petty theft call, a disturbing the peace call or just about any other call it is common for the cops to automatically pat down the people they come into contact with. Even when they are not responding to a call they will often approach anyone they think looks peculiar and pat them down while they ask who they are and what they are doing. Most times the pat down is illegal and should be contested by your Orange Countydomestic violence attorney. But nobody ever complains about it because it has become so common that the public assume it is OK. Often, the pat-down search will lead to the police finding small quantities of drugs or drug paraphernalia. Or they will find a weapon or some other evidence of a crime. In these cases your drug defense lawyer in Orange County can get your case dismissed if he skillfully briefs and argues the issue.

To learn more about possible defenses in your case call the Law Offices of EJ Stopyro at (949) 559-5500 today or visit us at www.EJEsquire.com. We provide a free and confidential telephonic consultation with an experienced Orange County defense attorney.

Law Offices of EJ Stopyro

Orange County DUIDefense Lawyers
Domestic Violence Attorney in Orange County