State law prohibits the possession or consumption of numerous drugs. Hundreds of others are subject to controlled substances laws that make them legal only when used in accordance with a doctor’s instructions and obtained directly from licensed providers, such as pharmacists.
Individuals accused of possessing illicit substances could face prosecution, as could those accused of possessing a prescription drug in a manner that violates state statutes. Police officers often find drugs during a pat-down or frisk of the person accused of possession.
If police officers encounter a person in a public location or while investigating another criminal matter, can they conduct a search just to look for drugs?
State law limits physical searches
To bodily search or pat down an individual, a police officer needs appropriate justification. Searching people after their arrest is standard procedure, as it helps prevent the introduction of drugs and weapons into state facilities.
If no arrest has occurred, then officers usually can only search people when they have a reasonable suspicion that the person possesses a dangerous weapon. Even when executing a warrant to look for drugs at a residence, officers do not automatically have the right to frisk the people found at the residence to check their pockets for drugs.
Individuals who are unaware of their rights may sometimes make the mistake of granting police officers permission to search them. Defendants who know their rights are in the best position to hold officers accountable for violating them or breaking the law.
Reviewing what happened before and during a police search with a skilled legal team can help people facing drug charges to understand their rights and options. In cases where police officers conduct illegal searches, a defense attorney could potentially use that as part of their court strategy.