Stop and Frisk Laws

LegalMatch Law Library Managing Editor, Ken LaMance, Attorney at Law

What is a “Stop and Frisk”?

A “stop and frisk” occurs when a police officers stops an individual and briefly runs their hands on their outer clothing in order to detect concealed weapons. Stop and frisk procedures are legal according to the Supreme Court case of Terry vs. Ohio. Thus, a stop and frisk is sometimes referred to as a “Terry stop”.

In order for a stop and frisk to be considered legal, the officer must have a reasonable suspicion that a crime has been, is, or is about to be committed. In addition, the officer can only conduct the frisk portion if they suspect that the person is carrying a dangerous weapon. The main purpose of the frisk is to secure the officer’s safety before they begin questioning the suspect.  

What are the Limitations of Stop and Frisk patdowns?

Stop and frisk patdowns, or investigatory detentions consist of two parts: the “stop” and the “frisk”. Though they are separate parts, in practice the two parts are usually conducted together. In order for a stop and frisk to be legal, the following must be true:

 

Thus, a person can only be stopped if the officer reasonably believes that the suspect is connected in some way to the crime. The crime cannot be based on rumor, but must be supported by actual facts.

 

In addition, the frisk is limited to the purpose of confirming that the person does not have any weapons on their person. Police officers can only go by “plain feel”, which means that they can only feel with their hands on the outer clothing for objects that might be a weapon. They are not free to search for evidence of the crime unless they have a valid search warrant. They may not open any containers, purses, or wallets, etc. that the suspect is carrying unless it might be concealing a weapon. 

However, if in the course of the frisk the officer discovers illegal contraband such as drugs, it may become admissible as evidence in a court of law. For example, suppose the officer feels a bulge in the suspect’s pocket that might be a gun. If instead it turns out to be a package of drugs, the suspect may then potentially be charged with drug possession (although of course this would depend on the overall facts of the case). The important thing to remember is that the officer can only search for weapons during a stop and frisk.

What is meant by “Reasonable Suspicion”?

In order to stop or frisk you, the police need a reasonable suspicion of a crime or concealment of a weapon. The U.S. Supreme Court has defined reasonable suspicion as “common sense conclusions” that the ordinary citizen would reach based on the facts of the circumstances. It should be more than a vague hunch or imagination; it requires facts to support the officer’s conclusions. 

Reasonable suspicion is a lower standard than “probable cause”, which the police need in order to conduct a full search and seizure for evidence.      

What should I do if I am Stopped or Frisked?

If you are subject to a stop and frisk detention by the police, you should conduct yourself according to the following guidelines:

 

You should understand that stop and frisk procedures are a necessary part of police work. If you are not found to be in violation of any laws, the officer will promptly end the detention. You will be free to go about your own business and the stop and frisk will not be recorded in your record.  

Do I Need a Lawyer for Stop and Frisk issues?

If you feel that a stop and frisk procedure has violated your rights, you should consult with a criminal attorney for advice or representation in court. Stop and frisk detentions are not designed for the purpose of obtaining evidence- evidence that is illegally obtained through a frisk cannot be used in court. Be sure to ask your attorney if you have any questions regarding stop and frisks or search and seizures.

 

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