Legal Question in Criminal Law in Massachusetts

Re: Is this illegal search and seizure?

No, he did not have the right to search you.

Re: Is this illegal search and seizure?

He did not have the right to search you unless there are other facts that showed that he was in fear for his safety and needed to pat frisk you for that reason and that reason only. If you would like to discuss this further, please call me at 508-587-9111. Martha Kovner

Re: Is this illegal search and seizure?

Attorney Kovner's response gives you the basic outline of the police officer's rights in this instance. These "pat" searches are called "Terry Stops," and they entitle officers to do a cursory pat down of a suspect to determine whether that suspect is carrying a weapon. As it turns out, these pat searches often turn up other incriminating things, including drugs. Based on the facts that you have presented, I don't think it is clear cut whether a judge would say that this officer exceeded his authority. If I were you, I would have my attorney argue that the officer did exceed his authority -- your attorney would do this by filing a motion to suppress the evidence and have it thrown out. Unfortunately, however, given the fact that the officer claims that he smelled burnt marijuana in your car prior to patting you down, I believe most judges would say that the police officer acted reasonably in deciding to pat you down in order to protect himself. But I don't know all of the facts -- there may be other important factors to take into account. Good luck.