{"id":352403,"date":"2023-10-04T13:36:42","date_gmt":"2023-10-04T18:36:42","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/criminal-rights\/what-is-stop-and-frisk.html"},"modified":"2026-06-08T08:43:35","modified_gmt":"2026-06-08T13:43:35","slug":"what-is-stop-and-frisk","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-rights\/what-is-stop-and-frisk.html","title":{"rendered":"When Is a Stop and Frisk Legal? Know Your Rights"},"content":{"rendered":"\n
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When Is a Stop and Frisk Legal? Know Your Rights<\/h1>\n\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

The police can stop somebody they think may have committed a crime. They are also entitled to pat the individual down to determine whether they have any weapons, but the police aren\u2019t allowed to target people arbitrarily.\u00a0They also can\u2019t single someone out based on their race, ethnicity, religion, or other protected characteristic.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

Imagine you\u2019re sitting at a bus stop when a police officer<\/span> approaches you. They begin asking questions, and you aren\u2019t sure how to respond. When you hesitate, the officer aggressively pushes you against a fence and does a pat-down<\/span> search of your outer clothing<\/span> to check for concealed weapons. Instead, they discover a baggie of marijuana. Unfortunately for you, weed isn\u2019t legal in your state.<\/p>\n

Whether the officer acted within the law in this scenario depends on whether the court will characterize the search as a “stop and frisk<\/span>.” A stop and frisk<\/span> occurs when a police officer<\/span> stops you for questioning and pats down your clothing to see if you\u2019re carrying a gun, knife, or other weapon. Although the U.S. Supreme Court<\/span> has upheld this practice,\u00a0there are still boundaries that police cannot cross<\/a>.<\/p>\n

This article describes the laws and limitations surrounding stop-and-frisk<\/span> procedures. You can also talk to a criminal law attorney<\/a> in your area if you need legal advice specific to your situation. An attorney can determine whether the elements of a stop and frisk<\/span> were legal, including whether the police had reasonable suspicion<\/span> to stop you.<\/p>\n

When Stop and Frisk<\/span> IS Legal<\/h2>\n

A police officer<\/span> on patrol may become suspicious of two individuals he observes staring into a store window, believing be casing the store for a robbery. When the officer approaches them, they ask one of the individuals a question. The person mumbles a response. Can the officer forcefully spin them around and pat down<\/span> their outer clothing<\/span> to check for dangerous weapons?<\/p>\n

These were the basic facts of\u00a0Terry v. Ohio<\/span><\/em><\/a>. This precedent-setting 1968 Supreme <\/span>Court<\/span> case<\/span> settled the law regarding searches during a stop and frisk<\/span>.<\/p>\n

The United States Supreme Court<\/span> justices held that law enforcement<\/span> officer\u00a0Martin McFadden\u00a0did not violate a defendant\u2019s Fourth Amendment<\/span> rights when he chose to approach John Terry and Richard Chilton while they were loitering outside a closed store and conduct what is\u00a0now referred to as a stop and frisk<\/span>.<\/p>\n

The court held that, while investigating suspicious behavior, an officer may lawfully pat down<\/span> the outer clothing<\/span> of someone they reasonably believe to be armed and dangerous. A pat down<\/span> aims to discover weapons that the person can use to assault the officer or someone nearby.<\/p>\n

The Court concluded that a stop and frisk<\/span> doesn\u2019t violate the\u00a0Fourth Amendment<\/span><\/a>, which prohibits unreasonable searches and seizures<\/span>. Because of the name of this landmark decision, many people now refer to a stop and frisk<\/span> as a “Terry <\/span><\/em>stop<\/span><\/a>.”<\/p>\n

The point of a\u00a0Terry\u00a0<\/span><\/em>stop<\/span> is to ensure officer and public safety<\/span>. The Supreme Court<\/span> reasoned that holding evidence inadmissible because it was discovered while frisking for weapons would not deter police misconduct. Any contraband<\/span> officers find during the weapons pat-down<\/span>, such as illegal drugs<\/a>, can usually be used against you in court, but it will depend on the circumstances.<\/p>\n

For example, if an officer feels a hard container\u00a0that could reasonably hold a weapon, the officer would be permitted to open it to ensure a gun is not inside.\u00a0If\u00a0drugs were\u00a0found when the container was opened,\u00a0they would likely be admissible\u00a0because a weapon could reasonably have been found in the container.\u00a0<\/p>\n

When Stop and Frisk<\/span> Is NOT Legal<\/h2>\n

While an officer doesn\u2019t need\u00a0probable cause<\/span><\/a>\u00a0to stop you, they must have\u00a0reasonable suspicion<\/span>\u00a0that criminal activity<\/span> is occurring. In addition, they can only frisk you if they reasonably believe you are armed and dangerous.<\/p>\n

A Terry <\/span><\/em>stop<\/span> is not lawful at any other time. Law enforcement<\/span> cannot perform pat-downs<\/span> for no reason. Some examples of unlawful Terry stops<\/span> include:<\/p>\n