Quote:
Originally Posted by UrbanAchiever
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.  |
This is correct.
As far as your situation is concerned, though, I don't see any reason to raise hell about it. If you'd been caught with something, then you'd have a legitimate reason to press the issue.
The best case scenario when you're pulled over by police is to have nothing on you. It's true that there are limitations on the searches officers can conduct depending on the circumstances, but most of the tests utilized to determine if probable cause exists are vague enough that judges or juries are given the power to make a decision based on what they would have expected a reasonable person in the situation to do. There's quite a bit of wiggle room there with no guarantees that your side of the argument will prevail.
Be extremely careful when driving. If you must bring items that could incriminate you, keep them locked away in the trunk. It's much more difficult for officers to be able to search a locked compartment than it would be to conduct a search of the interior of your vehicle.
Also, keep in mind that your entire vehicle can be searched if you've been arrested formally. Do not anticipate that you'll be protected from police searches even after you've been apprehended.