{"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":"2023-10-04T13:36:42","modified_gmt":"2023-10-04T18:36:42","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":"What Is Stop and Frisk?"},"content":{"rendered":"\n
\n

What Is Stop and Frisk?<\/h1>\n\n
\n
\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Rhonda Earhart, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

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
\n

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

\n

The police can stop somebody they think may have committed a crime. They are also entitled to pat the individual down to determine if they have any weapons on them. But, the police aren’t allowed to target people arbitrarily. They also can’t single someone out based on their race, ethnicity, religion, or other protected characteristic.<\/p>\n\n <\/div>\n\n\n\n

Imagine you’re minding your business when, suddenly, a police officer approaches you. They have questions for you, and you aren’t sure how to respond. When you hesitate in responding, the officer aggressively pushes you against a fence and does a pat-down search of your outer clothing to check for concealed weapons. Instead, they discover a vial of cocaine.<\/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.” A stop and frisk occurs when a police officer stops you for questioning and pats down your clothing to see if you’re carrying a gun, knife, or other weapon. Although the U.S. Supreme Court 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 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 were legal, including whether the police had reasonable suspicion to stop you.<\/p>\n

When Can Police Stop and Frisk You?<\/h2>\n

Imagine a police officer is on patrol and becomes suspicious of two individuals he observes staring into a store window. They seem like they might 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 their outer clothing to check for dangerous weapons?<\/p>\n

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

The United States Supreme Court justices held that law enforcement officer\u00a0Martin McFadden<\/a>\u00a0did not violate a defendant’s Fourth Amendment 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.<\/p>\n

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

The Court concluded that a stop and frisk doesn’t violate the\u00a0Fourth Amendment<\/a>, which prohibits unreasonable searches and seizures. Because of the name of this landmark decision, many people now refer to a stop and frisk as a “Terry frisk” or “Terry Stop<\/a>.”<\/p>\n

Stop and Frisk Limitations<\/h2>\n

While the officer doesn’t need\u00a0probable cause<\/a>\u00a0to stop you, they must have\u00a0reasonable suspicion\u00a0that criminal activity is underfoot. In addition, they can only frisk you if they reasonably believe you are armed and dangerous.<\/p>\n

Any contraband officers find during the weapons pat-down, such as illegal drugs<\/a>, can usually be used against you in court, but it will depend on the circumstances. For example, if an officer feels a hard container\u00a0in which a weapon could reasonably be stored, the officer would be permitted to open it to ensure a gun was 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

The point of a\u00a0Terry\u00a0stop is to:<\/p>\n