PLEASE WATCH #HABERPA'S VIDEOFAQ # 386) What’s the difference between a “Search” and a “Pat Down”? @ https://youtu.be/EpSSvDt3ois
This Blog Post is a PSA (i.e. a "Public Service Announcement" that's designed to provide the folks with important information) but it also both marks the rollout of this latest batch of #HaberPA's VideoFAQs and highlights # 386) "What’s the difference between a “Search” and a “Pat Down”?" and finally it's a shameless plug for #MichaelHaberLaw (#HaberPA's YouTube channel). Disclosures complete let's get to it:
- The PSA: #HaberPA's VideoFAQ # 386 explains the differences between a full-blown search and a limited "pat-down" and goes like this:
"Thanks for asking me “What’s the difference between a “Search” and a “Pat Down”?”
Simply stated, “pat downs” are “lesser included” searches... in other words, a “pat down” is akin to being a “Search Lite”... not a searchlight as in “a powerful outdoor electric light with a concentrated beam that can be turned in the required direction’; rather it’s comparable to a light beer, kinda like a Heineken versus a Heineken Light. What I mean is, just as both Heineken and Heineken Light are beers, one is of a lesser variety than the other. Similarly, both full-blown searches and Pat-Downs implicate the 4th Amendment, the lesser - the “light” variety being a Pat-Down.
More specifically, and for 4th Amendment purposes, “a search” is any intrusion into any private space by a government official, where a citizen has a “reasonable expectation of privacy”. Whether it’s done with or without a warrant, pursuant to an arrest, at a Border, in an airport, on the roadside - whatever, wherever and whenever - traditional searches include those of one’s physical person and or of one’s property, be it a briefcase, book bag, home, car, etc.. and these “full blown” searches are invasive and by definition thorough.
On the other hand we have “pat-downs”, or our “search lite” / light searches. In contrast to full-blown searches - which are designed to preserve evidence, to maintain officer safety and to prevent introduction of contraband into a police station or jail - Pat-Downs are limited to a police officer or security official passing their hands over someone's clothing to detect weapons. Where an item is detected that could reasonably be considered a weapon, then it can be removed from one’s person, but absent that a Pat-Down is strictly limited to running hands along outer garments to detect any concealed weapons. (As a relevant aside, when it comes to pat-downs “reasonable” means both subjective to the person who’s conducting the Pat-Down and objectively, meaning that any reasonably prudent police officer would agree that the pat-down makes sense.)
Note that what starts as a Pat-Down can easily morph into a full-blown search; but the opposite is a legal impossibility - otherwise stated: a full-blown search can never be considered a Pat-Down."
- The roll-out: Over the course of Memorial Day weekend we published #HaberPA VideoFAQs # 376 - 401, 5 of which deal with The Fourth Amendment per se, another 5 of which deal directly with the subject of warrants, 4 of which deal with searches and Motions to Suppress, 3 of which deal with Miranda Rights, 1 on "Spoliation of Evidence", 1 on "Chain of Custody" and 6 that deal with Arrests (more specifically 2 of which are generic, 2 concerning "Contempt of Cop" and 2 on "Gratuitous Charges").
Again, today we are highlighting # 386) "What’s the difference between a “Search” and a “Pat Down”??", which you can watch at the following URL: https://youtu.be/EpSSvDt3ois
- The shameless plug: #HaberPA's VideoFAQ catalogue is now up to 401 Criminal Defense, Criminal Law, Criminal Procedure, DUI, BUI, Domestic Violence, Evidence, Crime Victim Rights and Seal & Expunge "Webisodes" and we are currently scripting 24 new ones concerning such topics as: The 6th Amendment, Public Defenders vs. Private Criminal Defense Counsel, lawyer ethics (insert snarky oxymoron joke here...) and client's rights as are imposed upon all lawyers in The Sunshine State via the Rules Regulating the Florida Bar and updated firearm / gun laws in Florida's new Constitutional Carry era.
If you've not yet done so then I hope that you'll please SUBSCRIBE to #HaberPA's YouTube Channel #MichaelHaberLaw by visiting the following link: www.youtube.com/c/michaelhaberlaw
As of today we have 2,495 subscribers who've contributed to our 698,585 views, but your kind subscription will get us closer to reaching our immediate goal of 3,000 subscribers and 1,000,000 views!
Each #HaberPA VideoFAQ focuses on a specific question, most are 1 - 2 minutes long, but several in this latest batch are closer to the 3 minute mark (another relevant aside alert: "Necessity" is what we call an "affirmative defense", or a defense which negates the "intent" or Mens Rea" element of an otherwise criminal act as the actor's illegal conduct only occurred under threat, usually threat of harm), and while we may not always be successful in our endeavor we do consistently strive to make each VideoFAQ short, pointed, creative, entertaining and, most importantly, informative.
While I admittedly conjure a healthy percentage of the "questions" that form our VideoFAQs a substantial portion of them are in fact inspired by real world questions from others (e.g. clients, potential clients, random folks on social media / the internet, friends, family, colleagues, etcetera). Should you have a legal questions that you'd like #HaberPA to address then you're welcome - encouraged even - to SUBMIT it / them to me, be it by email (Sharky910@aol.com), calling or texting my cell phone (305-798-2220), messaging me on X /Twitter (@Sharky910), MeWe (also @Sharky910), on YouTube (via MichaelHaberLaw) or by PM'ing me right here on FB and, assuming that your proposed topic is both appropriate and fits within our wheelhouse then we'll be happy to provide you with a custom tailored video answer to your relevant question.
With all that said I hope that you enjoy # 386, that if you've not yet done so then that you become a #MichaelHaberLaw subscriber and in any event that you know that no attorney-client relationship with either #HaberPA or Michael A. Haber, Esq. exists as a result of watching any of our VideoFAQs. Any and all information which is both contained in and may be construed from our VideoFAQ is meant to be generic in nature, should only be considered as academic and is not intended to be construed as legal advise to any specific individual for any specific case. Should you wish to seek actual legal advise then please feel free to contact #HaberPA directly.
Should you, a friend, a loved one or even someone that you {don't particularly like but happen to} know be in a jam with the criminal justice system then you can rest assured that either retaining or recommending #HaberPA will not only reflect well on you but will provide the client with unwavering, relentless and honest advocacy.
Established in 1991 and with no history whatsoever of any form of professional discipline, #HaberPA is readily available to have open, honest dialogue with potential clients and to quote and honor reasonable fees after identifying a realistic litigation objective. We're proud of our unblemished and time proven record of both having our client's "6:00", 24-7-365, 360° and of providing boutique, creative, effective, unwavering and zealous #CriminalDefense, #CriminalLaw, #CriminalProcedure, #ConstitutionalLaw, #Evidence, #DUI, #BUI, #DomesticViolence, #Probation, #Crime #VictimRights and #Seal & #Expunge representation to it's clientele, primarily in South Florida, on matters ranging from DUI to #DrugTrafficking and from #Misdemeanors to #Murder.
At #HaberPA "it's all about #ReasonableDoubt"!
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