A brief, non-intrusive police stop of a suspect is known as a stop-and-frisk. There are protections for people before getting stopped by any law enforcement. For instance, the Fourth Amendment mandates a reasonable suspicion of a crime by the individual before being stopped by the police. However, if the police reasonably suspect the suspect is armed and dangerous, the police may frisk the suspect. A frisk is when the police pat down the suspect’s outer clothing quickly.
The frisk is also referred to as a Terry Stop. The reasoning for this court case is to clarify the method of a legally valid stop. This means that a stop-and-frisk must comply with the Fourth Amendment and cannot be unreasonable.
According to the Terry court, a reasonable stop-and-frisk is one “in which a reasonably prudent officer is warranted in the circumstances of a given case in believing that his safety or that of others is endangered, he may make a reasonable search for weapons of the person believed by him to be armed and dangerous.” It is important to note that all Stop-and-frisks fall under criminal law instead of civil law.
The term “stop and frisk” means the limited right of a law enforcement officer to detain an individual momentarily to inspect them for any weapons. Although this is commonly utilized by law enforcement, it does have practices concerning civil liberties. However, the United States Supreme Court has upheld this practice as constitutional and justified.
What Happens When The Police Frisk You?
A frisk happens when any law enforcement officer pats down or sweeps a person to check if they are carrying any weapons. Consent is mandatory in most situations. The police can lawfully frisk you with or without your consent. They do not need consent if there is reasonable suspicion.
For this, reasonable suspicion refers to a specific fact-based reason to believe that the suspect is carrying a weapon. You have rights regarding these stops and frisk pat-downs. Law enforcement cannot reach into your pockets or squeeze your body while frisking. But if they feel something that might be a weapon or something illegal, they have a right to touch it.
If you face a situation where you did not consent and are being searched, you can state, “I do not give consent to this search.” However, it is recommended to first cooperate with the police officers to avoid confrontation and prevent harm. If you believe your rights are violated, you can copy down the officer’s name and report them to the appropriate authorities.
You can obtain more information and take pictures of injuries you incurred while the search happened. You can contact a criminal lawyer immediately to assist you with this process of police misconduct. Remember, for your safety, do not try to escalate the situation. Cooperate first and avoid conflict with any of the law enforcement officers. It is safer to comply and then fight the case against the officer in court.
What Are Fourth Amendment Protections?
The Fourth Amendment states that every American citizen shall be free from unreasonable searches and seizures. This implies that every individual has a right not to be searched and have their belongings seized without a legal warrant. The exception to this rule is the stop-and-frisk rule. As stated earlier, a stop and frisk are when a law enforcement officer detains a person temporarily because they have reasonable suspicion to do so.
A brief description of the history of stop and frisk is provided in the following paragraphs. In 1968, the United States Supreme Court ruled law enforcement could stop and frisk citizens in certain situations. The Terry stop further explains this situation, and the principle from the case is to ensure the officer’s and suspect’s safety while investigating for possible violations.
For instance, if the officer has reasonable suspicion and believes that the suspect is about to commit a crime or that the individual may have dangerous weapons on them. This procedure is called a “Terry stop” after the case name.
Moreover, reasonable suspicion must be defined to ensure that there is no misinterpretation. The majority of the controversy surrounding stop and frisk is determining when there is reasonable suspicion. There can be multiple reasons why a police officer may think a person is suspicious. For instance, If the person is intoxicated, highly emotional, fearful, or angry, the law enforcement officer may state that that person is suspicious.
Furthermore, suspicion can arise from the surrounding circumstances. Such circumstances can include the suspect being present at a crime scene, moving suspiciously, or escaping from someone. Additionally, the officers have a lawful reason to stop the person if there is an identity match. If reasonable suspicion is present, the law enforcement officer can legally stop the suspect. There are ways an officer may administer the stops.
For example, they can use lawful force measures or physical measures. A police officer can also execute a stop by displaying a badge, giving the suspect a particular look, or demonstrating a certain demeanor to execute the stop.
What Is A Permissible Stop-And-Frisk Under The Law?
Law enforcement officers use the frisk method to ensure that the person is not carrying any weapons. However, not all stops mean the need to frisk as well. A frisk is more invasive and uncomfortable. It consists of a law enforcement officer patting down a subject to determine whether they carry weapons. The reason for a frisk is to make law enforcement feel safer around the suspect. Additionally, a frisk is meant to protect the other citizens in the surrounding area. Frisks can also be utilized to search for illegal drugs.
Remember, not all situations warrant a frisk. Frisk is justified in specific situations, generally when the encounter may be riskier. For instance, a frisk may be conducted when the law enforcement officer believes the suspect is armed and dangerous. Also, if they are worried about their safety or that of others.
Certain factors warrant a legal frisk. These may include:
- If the officer is alone and does not have a backup;
- The number of suspects;
- The size of the suspects;
- How the suspects are behaving, appear, or how their emotional state is and;
- Evasive answers were provided during the stop, the time of day, or the area where the stop was done.
If you think your rights have been violated during a stop-and-frisk procedure, you can contact a criminal lawyer near you. However, law enforcement must adhere to the rules regarding this procedure and ensure that no unconstitutional searches are being conducted.
When Do I Need to Contact a Lawyer?
If you or your loved one has experienced injustice due to a police officer not following the stop-and-frisk protocols, immediately contact your local criminal lawyer to get help with your case. These stops can quickly escalate, and knowing your rights and how to respond to the situation is important.