Police stopped the driver of the car in which you were a passenger for a traffic offense. The officers ordered you and the driver out of the car, after which the officer patted you both down for weapons. But then the officer started going through your pockets until he found something suspicious. Now you are under arrest.
Was the search legal? Or did it go too far? What can you do?
To protect themselves and others, police are allowed to perform a reasonable search for weapons when the officer has reason to believe that someone is armed and dangerous. The officer may do a protective pat down of your outer clothing to discover any weapons. Such a search is not to be used to gather evidence. However, the officer may seize any object where its identity as a weapon or contraband is immediately apparent.
For example, in People v. Cox, the officer patted the defendant for weapons and thought he felt something in the defendant’s rear. Officers then tried to strip search defendant before using a body scan to find narcotics. The court held the search was illegal.
If you are charged with a crime based on a police pat down or search, contact a criminal law attorney immediately. An attorney can review your case for its best possible defense. Could the object in question be reasonably mistaken for a weapon? If not, an attorney can petition the court to suppress the evidence from the search. Be advised that different judges may see the same facts very differently. Therefore, it is best to find an attorney who is familiar with your courthouse, and can present the facts of your case in their most favorable light.
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.)
