Quote:
Originally Posted by theVirtuoso
Cops can legally do a weapons pat down on your exterior clothing, that's it... they can feel pockets, but cannot stick their hands in them.
|
There needs to be "reasonable suspicion" that you're armed with a weapon as per Terry v. Ohio to warrant a pat down, or a "Terry frisk" as it is called. Based on the information given, it appears that they did not have "reasonable suspicion" to search you.
Alcohol, which was not open, does not rise to the level of "reasonable suspicion" that you were armed. You were a passenger and displayed no behavior (at least from what you're telling us) to indicate that you might be armed thus warranting a frisk for the officer's safety. Without reasonable suspicion, an officer can ask for consent to pat you down, which did not occur in this case.
So yes, this frisk was unconstitutional, but it happens all the time, and I know how you're feeling. You feel violated and pissed off, and it sucks because unless you're willing to spend a lot of money and time there's nothing you can do.
