There are many ways for police officers in California to gather the evidence necessary to prosecute an individual. Frequently, police officers obtain evidence by searching homes or vehicles. However, some criminal cases begin with a physical search of an individual.
The items that police officers find in someone’s pockets or on their person can lead to prosecution. Such searches can be quite invasive. Sometimes, they are not actually legal.
When are California police officers lawfully empowered to physically search an individual?
When they get permission
One of the most common ways police officers justify searching a suspect is by asking for their consent beforehand. Police officers casually inquire if they can pat someone down, and if the person consents, they can then potentially use whatever they find to justify arresting that person.
When they suspect the presence of a weapon
Technically, California does have a law that allows police officers to pat down or frisk people who are not under arrest and have not given their consent to the search. When a police officer has a reasonable suspicion that the individual has a dangerous weapon in their possession, the officer can use that suspicion to justify conducting a bodily search.
Concerns that someone may possess other illegal items, like drugs, typically do not justify a search without probable cause. In fact, the state Supreme Court recently ruled that simply ducking down or trying to avoid contact with police officers does not justify the decision to search someone who is not yet subject to arrest.
When they arrest someone
A thorough physical search is an important part of the arrest process. Police officers look for weapons and other contraband that should not enter state facilities. Officers may conduct a cursory search before transporting someone to the police station or holding facility. They may then perform a much more exhaustive search when admitting that person to the facility.
In scenarios where a defense attorney can convince the courts that a search was illegal, it may be possible to exclude certain evidence from a criminal trial. Understanding the rules that limit police activity can be helpful for those preparing to respond to pending criminal charges. Those who believe they have been subjected to illegal searches may need to communicate their concerns about police conduct to the lawyers representing them.