Justice Souter’s Hypo: May Cops Pat Down Anyone Who ‘Looks Like Trouble’?

Justice David H. Souter questioned an Arizona lawyer Tuesday about when and where police officers may search dangerous-looking individuals.

The issue in the case was whether officers may pat down passengers in a traffic stop if there is no evidence they are involved in criminal activity. Justices appeared ready to accept that a search may be conducted if there is a reasonable suspicion a passenger is armed and dangerous, the Associated Press reports.

But Justice David H. Souter pressed further, according to Law.com. He asked Arizona assistant attorney general Joseph Parkhurst whether an officer could pat down anyone on the street who “looks like trouble.”

Parkhurst said yes, as long as the officer has an articulable, reasonable suspicion that a person is an immediate danger. Souter then posed a hypothetical situation: "The individual gives him mean looks and he has a bulge of something on his hip."

Parkhurst responded that a pat-down could very well be warranted, the Law.com story says.

Souter later said he was worried the state’s position would support just about any pat-down. "You know Benjamin Franklin's remark: It's great to be a reasonable person because you can think of a reason for anything you do," Souter said.