Can a Police Officer Do a Pat-Down During a New York Traffic Stop?

If a police officer stops your vehicle, they may ask to pat you down, even if it’s only for a minor traffic infraction such as a broken taillight or failure to yield. The officer claims the pat-down is for their own protection. In this case, what are your legal options? Here’s what a New York appellate court decided. 

U.S. Pat-Down Search Laws 

A warrant is normally required for a police officer to search your house. However, a law enforcement officer can conduct a search of your person or vehicle without a permit in some scenarios. Usually, this is only if the officer has a reason to suspect that a person presents a risk to the deputy’s safety. More often than not, reasonable suspicion in cases like these amounts to the behavior of the driver.

A New York Appellate Court Weighs In 

Robert Santy, Jr. was stopped for a driving violation in People v. Robert Santy, Jr. Robert was partially undressed and his demeanor was “flat.” The officer deemed this behavior non-compliant and erratic and then conducted a pat-down check of Robert’s body. At this time, the officer found illegal substances.

According to a New York appellate court, the pat-down violated the suspect’s constitutional rights. It was determined that being partially undressed and seeming “flat” were insufficient probable cause for a pat-down. The illegal substances were suppressed from evidence and the conviction overturned. 

Tips for Handling an Officer’s Request for a Pat-Down

You have the legal right to deny permission to a search of your person or vehicle at any time. If a police officer searches without your permission, you should state on record that you are refusing the search. 

However, the most crucial piece of advice is to be courteous. Even if you’re upset or believe the law enforcement officer is being unjust or inappropriate, be cordial. If you act out, the police can use your behavior as reasonable suspicion to pat you down and/or search your vehicle.

Call a New York Criminal Defense Attorney Now 

If you were arrested and the police patted you down and found evidence against you, you may be able to have this omitted from court if the officers had no probable cause to conduct a pat-down. Contact Scott Cerbin Criminal Defense today for a consultation by calling 718-596-1829.