On Behalf of Stevenson Law Office | Jun 13, 2025 | Criminal Law |

Most people do their best to comply with police officers during traffic stops. They want the process to move as smoothly as possible, so they try to be cooperative. They hope to avoid a ticket if possible or to prevent the situation from escalating and resulting in their arrest.

Police officers may take advantage of people’s desire to cooperate by sidestepping the legal rights and protections of those people. For example, police officers might try to trick people into giving up certain rights that could protect them during interactions with law enforcement.

Officers who do not have clear evidence of criminal activity may try to find justifications to continue an interaction or arrest a motorist. They may try to find evidence by conducting questionable searches. Can they physically search a driver during a traffic stop to look for signs of criminal activity?

The law limits physical searches

The Bill of Rights protects people from misconduct by state authorities, including unnecessary searches. A bodily search, also known as a frisk or pat-down, can be relatively invasive. Most people do not like having other people touch their bodies to look for contraband. A search on the side of the road during a traffic stop can feel particularly humiliating for some people.

Generally speaking, police officers need a valid reason to physically search someone’s body. During a traffic stop, they might be able to justify a search if they have a credible suspicion that the person possesses a dangerous weapon. They can then search the person for their own safety.

However, suspicion that an individual might possess drugs or other illegal items is usually not sufficient justification for a bodily search during a traffic stop. Unless an officer has already arrested a person and needs to check them for contraband, searching them requires permission or a reasonable suspicion related to weaponry.

In scenarios where officers conduct inappropriate bodily searches, defense attorneys can sometimes suppress the evidence that officers collect during inappropriate searches. Drivers may also be able to prevent a warrantless search if they know they do not need to give their consent.

Learning more about restrictions on police activity and state law can be beneficial for those hoping to fight pending criminal charges. Evidence found during inappropriate searches may not necessarily help the state during a criminal trial.