Diaz a cop saw some suspicious activity from defendant. Finally calling him over to him defendant kept putting his hand in front of his pocket where police notice a bulge in his pocket. Concerned for his safety fearing it might be a weapon the cop patted down the defendant to discover he was unarmed but he did have some vials. This case has to do with what I talked about earlier where the cops due to reasonable suspicion can pat you down. But they do not have the right to search you. The frisk was legal because the cop had reason to believe the defendant had a weapon. But once the cop saw that the defendant was unarmed the search should have stopped. By not doing so and continuing the cop violated the defendant’s fourth amendment rights. He did not have probable cause which is needed to do a full search. The case was dismissed due to the evidence being suppressed because of
Diaz a cop saw some suspicious activity from defendant. Finally calling him over to him defendant kept putting his hand in front of his pocket where police notice a bulge in his pocket. Concerned for his safety fearing it might be a weapon the cop patted down the defendant to discover he was unarmed but he did have some vials. This case has to do with what I talked about earlier where the cops due to reasonable suspicion can pat you down. But they do not have the right to search you. The frisk was legal because the cop had reason to believe the defendant had a weapon. But once the cop saw that the defendant was unarmed the search should have stopped. By not doing so and continuing the cop violated the defendant’s fourth amendment rights. He did not have probable cause which is needed to do a full search. The case was dismissed due to the evidence being suppressed because of