We have written extensively about the rights of citizens involved in street encounters with the police and the four tiers of intrusion based upon the level of suspicion that the police have. According to New York law, an officer may rightfully frisk a person when the officer has a “reasonable suspicion” that the person is armed and therefore that the officer is in danger. A recent drug case before a New York court put this law to the test, when a defendant appealed a lower court’s decision to deny his motion to suppress. The higher court, considering the defendant’s appeal, decided that the officer did not have grounds to suspect that the defendant was armed, siding with the defendant and reversing the lower court’s decision.
Basis for the Defendant’s Appeal
In New York, an officer with reasonable suspicion that a detainee is armed may, indeed, frisk the detainee. The officer must have knowledge of some circumstance that allows him to believe that his safety is threatened because the detainee is armed. These circumstances could include: the nature of the crime being investigated, the suspect’s behavior, and any bulges in the suspect’s clothing.
In the case on appeal, the defendant argued that when an officer stopped him for failing to use his turn signal, it was unreasonable for the officer to then pat him down several minutes into the traffic stop. During the frisk, the officer found PCP on the defendant’s person; the defendant was charged with (and later convicted of) criminal possession of a controlled substance.
The defendant filed a motion to suppress the physical evidence, which the trial court denied. On appeal, however, the higher court reversed this decision. It wrote in its opinion that the officer had no reason to suspect that the defendant was armed and dangerous. While it was true that the officer smelled PCP from the defendant’s car upon stopping him for the traffic violation, this alone was not enough reason for the officer to frisk the defendant. Because the frisk was a violation of the defendant’s constitutional rights, the court reversed the defendant’s conviction.
This case and the law that underlies the case are crucial for New York defendants facing drug charges. If you think an officer might have frisked you without a basis in the law for doing so, you have rights that need protecting. The best thing you can do for yourself is retain an aggressive New York drug attorney that can help you get the results you need.
Do You Need a New York Drug Attorney by Your Side?
At Tilem & Associates, we provide high quality representation when you need it the most. No matter the severity or complexity of your charges, we are committed to meeting you where you are and ensuring your freedoms are well protected every step of the way. For a group of experienced New York drug attorneys that you can trust, get in touch with Tilem & Associates.
For a free and confidential consultation with a New York drug attorney, give us a call today at 877-377-8666. You can also fill out our online form to tell us about your case and have a member of our team reach out to you as soon as possible.