Drug Possession Arrest After a Stop and Frisk

If you are stopped and frisked in Denver, and you are arrested for drug possession based on a substance the police found on your person, it is essential to know your rights under the Fourth Amendment and how courts look at the “stop and frisk” in relation to constitutional violations. In case you were not aware, the Fourth Amendment to the US Constitution protects you against unreasonable search and seizure. As that amendment has been interpreted by the US Supreme Court, it has come to mean that a law enforcement officer must have reasonable suspicion in order to stop you, and that law enforcement officer must have probable cause (a higher standard than “reasonable suspicion”) in order to conduct a warrantless search. Failure to show probable cause can amount to a Fourth Amendment violation and can result in any illegal substances seized during the search being thrown out — they cannot be used against you.

However, the US Supreme Court has drawn a somewhat different rule for a “stop and frisk,” which means stopping a person and essentially patting them down. Stops and frisks can often result in weapons charges and drug possession charges in Colorado. What should you know about your rights with regard to the stop and frisk? Consider the following information from our Denver drug crimes defense lawyers.

Terry v. Ohio and the “Stop and Frisk”

 The “stop and frisk” rule arose out of the US Supreme Court case Terry v. Ohio (1968). While the specific facts of the case are not essential to understand, the ruling from the case is: the Court ruled that, without probable cause for a search, a pat down or frisk is reasonable — and is not a violation of the Fourth Amendment — if the law enforcement officer can identify “specific and articulable facts which, taken together with rational inferences from those facts” would lead a reasonable officer to think there was a potential for criminal behavior and that they needed to take precaution by patting down the suspect. The stop and frisk, as such, is sometimes described as a “Terry stop.”

Several cases have refined or clarified the ruling in Terry, but the stop and frisk is still lawful. It has become especially controversial in cases involving racial profiling, and it is important to remember that there are circumstances in which any evidence obtained from a stop and frisk may still constitute a violation of the Fourth Amendment. You should have an experienced defense attorney assess your case if you are in this situation, or any other circumstances in which a stop or search may have been unlawful. Any evidence of a drug offense or other crime obtained as a result of a constitutional violation cannot be used against you in a prosecution.

Contact a Denver Drug Crime Defense Attorney 

If you were arrested following a stop and frisk or any other circumstances in which you believe your Fourth Amendment rights may have been violated, it is important to seek legal advice. Defenses against drug charges often involve Fourth Amendment violations, so you should not wait to talk with a lawyer to find out about a possible defense strategy based on a constitutional violation, or another relevant defense option given the facts of your case. One of the experienced Denver drug crimes defense lawyers at DeChant Law can speak with you today to discuss options for your defense.

Sources:

constitution.congress.gov/constitution/amendment-4/

supreme.justia.com/cases/federal/us/392/1/