Police Powers to stop and search.?

Question

How do the police misuse their powers to stop and search?

Answer 1

My experience has been that the police misuse their powers in drug cases.  I have had clients with a 3rd grade education explain their search to me and I have concluded that the evidence should be suppressed.  However inevitably in many cases, the police make up some key fact that renders the search and seizure legal.  I believe my client because they have no clue about the nuances of the Fourth Amendment whereas the police are schooled in the law.  I could give 1000 examples where this has happened.  Now this is not to say that every client is illegally stopped and searched, but most of them are.  Cops know how to write a report that makes the search and seizure technically legal.

Answer 2

Under the 'Public Safety Clause' of the Constitution they have the right and obligation to stop and search anyone at any time. Right or wrong this is how the Courts have interpreted it...

Answer 3

  Why do you assume they automatically abuse this power?  Maybe the PROPER question to ask is how do I rid myself of ignorance about what my rights actually are?