Criminal Procedure

Stop and Frisk

Quick Answer

What does "Stop and Frisk" mean in law?

Stop and frisk, established in Terry v. Ohio (1968), permits a law enforcement officer to briefly detain a person (a Terry stop) based on reasonable suspicion that criminal activity is afoot, and to conduct a limited pat-down of the outer clothing (a Terry frisk) if the officer has reasonable suspicion that the person is armed and dangerous. Reasonable suspicion requires specific, articulable facts and rational inferences drawn from those facts -- it is more than a hunch but less than probable cause. The frisk is strictly limited to a pat-down for weapons; if an officer feels a non-weapon item whose contraband nature is immediately apparent, it may be seized under the plain feel doctrine (Minnesota v. Dickerson). The duration and scope of the stop must be reasonably related to the circumstances that justified the stop in the first place.

Definition

Stop and frisk, established in Terry v. Ohio (1968), permits a law enforcement officer to briefly detain a person (a Terry stop) based on reasonable suspicion that criminal activity is afoot, and to conduct a limited pat-down of the outer clothing (a Terry frisk) if the officer has reasonable suspicion that the person is armed and dangerous. Reasonable suspicion requires specific, articulable facts and rational inferences drawn from those facts -- it is more than a hunch but less than probable cause. The frisk is strictly limited to a pat-down for weapons; if an officer feels a non-weapon item whose contraband nature is immediately apparent, it may be seized under the plain feel doctrine (Minnesota v. Dickerson). The duration and scope of the stop must be reasonably related to the circumstances that justified the stop in the first place.

Example

An officer observed a man pacing repeatedly in front of a jewelry store, peering inside, and conferring with two others, which provided reasonable suspicion to stop and frisk the men, leading to the discovery of concealed weapons.

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