Search and Seizures with Socks and Shoes

| Apr 20, 2011 | Criminal Defense |

In Barriere v. State, the defendant was not under “arrest,” even though he was asked by the officer to remove his shoes and socks.  The officer asked the defendant to remove his shoes and socks, both so that the officer could search them for additional evidence and so that the defendant would have a harder time running if he tried to flee.  The degree of intrusion was minimal.

This case demonstrates the balancing act when it comes the courts’ analysis of the degree of privacy rights intrusions under the 4th Amendment when reviewing warrantless searches and seizures. An arrest occurs when an objectively reasonable person would not feel free to leave.