Switched actions may spell the difference between a lawful and unlawful police frisk, says Fairfax criminal defense lawyer

Switched actions may lead a trial judge to conclude that a police frisk / patdown was lawful under the federal Constitution’s Fourth Amendment based on reasonable articulable suspicion versus unlawful as a mere hunch. As a Fairfax criminal defense lawyer, I know this to be well illustrated with the recent Virginia Court of Appeals affirmance of the police patdown of Elijah Garrison. Garrison v. Commonwealth of Virginia, ___ Va. App. ___ (2026). What started as a police stop of Garrison’s vehicle for lacking a front license plate and expired tags eventually turned into what I see as a police fishing trip / hunch patdown of Garrison (that turned up an unlawfully concealed handgun) but which Garrison found to be a lawful frisk.

Can my combined switched actions permit a police search even when but a hunch in isolation from each other?

As a Fairfax criminal defense lawyer, I know that but one switched behavior may not permit a police patdown, but multiple such behavior can change the legality or not of a police frisk. Here, Garrison kept changing his behavior. First he rolled down his tinted window, but then eventually rolled it back up. First he was wearing but a t-shirt, but later he pulled on a sweatshirt, to cause suspicion whether he was hiding anything under there. First he was polite and conversant with law enforcement officers (LEOs), but after being re-asked about possessing any firearms once outside his vehicle, his demeanor changed to nervous with nervous breathing, also. On top of all that, Garrison looked like he was angling / blading his body for the police not to see if something (a firearm, as it turned out) was in his waistband. Garrison. 

May a Virginia criminal defense lawyer advise me how to avoid a frisk from being deemed lawful?

As a Fairfax criminal defense lawyer, I cannot tell people how to avoid switched nor other actions from permitting a lawful frisk. I can say that nobody should expect to be able to outsmart a cop. When a police officer encounters you, they are on their playing field, while you are a fish out of water. Seeing that people with no contraband to be found also will get frisked from time to time, it remains important to consider that the more even-keel that a person remains with police, the fewer will be the grounds to permit an LEO patdown of the suspect.

Are police allowed to search when I am found in a so-called high crime neighborhood?

Police frisked Garrison in a high crime neighborhood. Looking at the totality of the circumstances, Garrison allows the neighborhood type to be considered in determining whether a police frisk is lawful. To what extent does “high crime neighborhood” translate into racial profiling by police? On race, fortunately Garrison favorably quotes that: “‘Courts have long recognized that there are many reasons why a person, particularly a Black man like [Garrison], could behave nervously during an interaction with police.’).” Garrison (citations omitted). On top of that “‘[I]t is common for most people “to exhibit signs of nervousness when confronted by a law enforcement officer” whether or not the person is currently engaged in criminal activity.'” Garrison. Consequently, make sure that your Virginia criminal defense lawyer will fully argue in favor of your Fourth Amendment and other Constitutional rights, whether or not police claim switched behavior.

Fairfax criminal defense lawyer Jonathan Katz leaves no material stone unturned in fully defending you against Virginia felony, misdemeanor and DUI prosecutions. A great start to your Virginia criminal defense begins with your free initial in-person strictly confidential consultation with Jon Katz about your court-pending prosecution. Usually Jon can meet with you within one business day of your contacting us at Jon’s Fairfax criminal defense firm at 703-383-1100, Info@KatzJustice.com and (text) 571-406-7268.