In order to conduct a pat down search of a person, the police must have a clear reason or suspicion that the person is armed and dangerous. If a person is only sitting in front of house where officers intended to conduct probation search, that circumstance alone is not enough to believe that the person is armed and dangerous.

Even if officers thought there were narcotics in house, as in the case of People v. Sandoval, the officer needs an individualized reason to believe that the person searched was armed. Without that reason, the police may not conduct a pat down search of the person, and a court would likely not allow anything found on that person to be used against them in court.

Evidence gathered in many searches during pat downs by police officers may not be used against you, depending on the conditions of your arrest. It is imperative that you seek out a qualified attorney to represent you and fight for your rights. Michael S. Carrillo will assess the conditions surrounding your arrest and work hard for you to make sure that your personal privacy and Constitutional rights are not violated. Give the office a call immediately at (626)799-9379 for a free consultation.