Search and Seizure Updates in Court

Under the Fourth Amendment a law enforcement officer can now seize an object from a criminal suspect's pocket during a consensual search that the officer has probable cause to believe is drugs basd on the objects plain feel and the totality of the circumstances.  Although the Fourth Amendment prohibits unreasonable searches and seizures, and the search of a person without a warrant supported by probable cause is generally unreasonable, a criminal suspects volunatary consent to a pat down search by law enforcment leading a reasonable officer to have probable cause based upon their professional experience to believe the suspect possesses drug related contraband under a totality of the circumstances, legally supports a subsequent search and seizure of the contraband under State v. Abumada, 2 CA-CR 2010-0093.