Q: When a law enforcement officer begins to search an individual, do they have to state probable cause prior to searching?
A: If you are legally stopped, an officer can search you in one of four situations: with your consent, pursuant to a Terry frisk pat down over your clothes for officer protection, pursuant to probable cause that a crime was, is, or will soon be occurring, or as part of the booking procedure to jail. An officer is not required, however, to tell you why he is searching you. He will only have to defend through his police narrative and later testimony that he had probable cause to do so. If you were searched and subsequently arrested, you will need an experienced criminal defense attorney who knows how to properly challenge illegal police action. Call a defense attorney in your area today for a free consultation.
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