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Criminal Law/being frisked
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Question
can a police officer pat me down for any reason? recently i was stopped for a traffic violation (speeding) when the officer approached the car he asked for my drivers license and then told me to exit the vehicle. when i did he had me step to the rear of my car where he told me to put my hands on the trunk and spread my legs. he then started to frisk me. when i objected to his putting his hands all over my body and into my pockets he stated "this is for your safety". i don't understand this as i have never been patted down before when getting a traffic ticket. i have never been arrested had my license suspended or anything other than the occasional traffic ticket. i mean i drive a recent decent car, am gaily employed in the same field for almost 20 years (government service) i don't even own a gun or a knife. is this even legal.
The courts have ruled that a police officer can "stop and frisk" anyone if there is probable cause to believe that the person is about to commit a crime or has committed a crime. I have no idea about the circumstances involving your being searched so its impossible for me to comment on the officers actions.
The key thing is that if the officer would have found contraband on your person or in your car then you (or your attorney) would have the right to contest the search in court and the judge would be the arbiter on whether the item would be admitted as evidence at your trial.
I am assuming that the officer did not find anything illegal so your only recourse would be a civil lawsuit but that would really be a stretch.
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Answers by Expert:
Jack Toomey
Expertise
Please do not ask me about potential jail sentences that you, your friends, or family might receive in court. There is no way for me to know that. Only a judge could answer a question like that. I am also NOT a probation officer or parole officer so I cannot answer questions that relate to parole or probation. Also please keep in mind that every state has different laws. If you are planning to ask a question about a specific law or criminal charge that pertains to your state only it could be difficult to answer. I also cannot give you legal advice on what to do or what not to do in court. Retired police officer with 26 years experience. Worked in the patrol division as well as over 14 years in the detective bureau. Investigated a wide range of crime such as murder, rape, robbery, theft, fraud, missing persons, and other very sensitive crimes. I am available to answer your questions about criminal law and especially as it applies to police work. I taught at the police academy for several years and am especially knowledgeable about search and seizure. Any question about criminal law is welcome! Please don't ask me to do your homework or ask me questions that obviously come from your teachers or professors. I also do not do online interviews or surveys. Young people need to gain face to face interviewing skills. Local police officers usually are very agreeable to assist in these assignments.
Experience
I am a retired police officer with 26 years experience. I investigated almost every type of crime including murder, rape, theft, missing persons, fraud, and domestic abuse. I am very knowledgeable about search and seizure and taught at the police academy for several years on a variety of subjects. I can answer questions that a lot of attorneys cannot since they do not have "street experience".
Education/Credentials
Bachelor of Science degree in Criminolgy from the University of Maryland.
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