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Terry Frisk/Pat Down Search
22
Objectives:
Students will define Terry Frisk/Pat Down Search
Students will demonstrate the proper procedure to pat down and frisk a suspect
Defined: A limited search for weapons, generally of the outer clothing, but also of those areas which may be within the suspect’s control and pose a danger to the officer. Many law enforcement agencies teach officers to frisk via a “pat down” of the suspect’s outer clothing.
Legal Basis / Justification for a Frisk: Reasonable Suspicion that the suspect is armed and dangerous
“Stopping” and “Frisking” a Person are two Different Things: An officer cannot automatically frisk everyone lawfully “stopped” under Terry. In addition to reasonable suspicion that criminal activity is afoot, the officer must also be able to articulate reasonable suspicion that the suspect is armed and dangerous. “Officer Safety” alone will not justify a frisk. The officer must articulate “why” officer safety was an issue (exactly what risk / danger to the officer or others existed). The officer must “explain” why there was a risk to the officer or others. If the explanation is found to be reasonable, the frisk is good.
- Requires Reasonable Suspicion (RS)
- AKA Articulate Suspicion
- Weapons, safety issues only – not evidence
- Search limited to areas weapons can be found
- Considered intrusive by courts
- Not as intrusive as search incident to arrest or a PC search
- Define Terry Frisk/ Pat Down Search
- Frisk rules not only pertain to the person, but what other items?
- Define the Legal Basis / Justification for a Frisk:
- What factor(s) can cause a Terry stop to become an arrest?
Terry Frisk/Pat Down Searches
Major Areas of Concern
Appearance may lead to reasonable suspicion – bulge in jacket
Description of suspect may lead to stop
Frisk rules pertain to purses, backpacks, and suitcases
Plain view applies to all circumstances
Behavior similar to criminal behavior – hiding things, fleeing – may lead to R.S.
When does Stop become Arrest?
Generally an issue of intrusiveness, mostly linked to time
Not considered “custodial” so Miranda Rules usually do not apply
Force may be used to effect and safely maintain stop (including pointing a gun at a suspect)
Handcuffing &/or placing in car may be ok if needed for officer safety or security of detainee