The answer is not always. An officer may pat you down for weapons if the officer is justified in believing that you are armed and dangerous.
If the officer is justified in believing you are armed and dangerous, the officer may take necessary measures to determine whether you are carrying a weapon and to neutralize that threat. The officer may search you only for weapons and only for protection, not for evidence. The officer’s belief that you are dangerous must be based on circumstances known to the officer at the time and cannot be justified after the fact.
For example in People v. Lockett, officers frisked the defendant based on: (1) defendant looked in the direction of their unmarked vehicle; (2) he adjusted his waistband once, while the officers were in the vehicle; (3) he adjusted his waistband a second time when the officers approached him; and (4) he stated that he dropped a “bag of weed” after being ordered to remove his hands from his waistband.
The court found that the officers were not justified in believing the defendant was armed and dangerous, especially where he did not attempt to flee and simply adjusted his waistband. As a result, the court suppressed the evidence found in the illegal search and vacated the defendant’s convictions.
An officer may briefly stop and question you when the officer observes unusual conduct which leads the officer to reasonably conclude in light of his or her experience that criminal activity may be afoot.
If you have been charged with a DUI or criminal-related offense, contact an experienced attorney immediately. An attorney can review your case for its best possible defense. Was the evidence against you legally obtained? Did police have the reasonable suspicion needed to stop or investigate you? Did their actions go beyond what was justified by the circumstances?
If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.
(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)
