Banquo
Bluelight Crew
- Joined
- Dec 6, 1999
- Messages
- 5,701
Terry Frisk FAQ
What is a Terry frisk?
A Terry frisk is a brief search of a person for a concealed weapon upon an officer's reasonable suspicion that a crime has been or is about to be committed. A Terry frisk generally consists of a police officer using a limited pat-down of an individual's outer clothing. The search is permitted so a police officer can protect his or her own safety from hidden weapons. Terry searches are also known as a "stop and frisk," "field stop," or "investigatory stop."
When can police use a Terry frisk?
A Terry frisk is only allowed when a law enforcement official has a reasonable suspicion that a person who is stopped is committing a crime or is about to and that the person is armed and dangerous. This reasonable suspicion cannot be based on a hunch and must be based on specific and articulable facts. If a violent crime is suspected the right to search follows automatically.
What does "reasonable suspicion" mean and how is a Terry search different than an arrest?
A technical definition of reasonable suspicion is "a particularized and objective basis, supported by specific and articulable facts, for suspecting a person of criminal activity." More generally speaking, it is something less than the probable cause that is needed to arrest a person but more than a mere hunch.
Should I refuse or physically resist a Terry search?
No, while you can (and should) challenge evidence which may have been found illegally during a Terry seach, like where there were insufficient grounds for reasonable suspicion, you should not physically prevent an officer from patting you down. The time for protesting a search is during a formal legal proceeding or plea negotiation, not when you are being detained or arrested.
If the police find something else on me besides a weapon may it be admitted as evidence against me?
It depends. If the item is contraband, like drugs, then the police officer can seize it only if its criminal character is immediately apparent. In order for the seizure to be consistent with the "immediately apparent" standard (established in Arizona v. Hicks) the officer performing the Terry patdown must immediately recognize the object as contraband. It should be noted that there are plenty of cases where a cop has claimed he was able to feel a small amount of drugs through a pair of denim jeans, and a judge has laughed them out of court, suppressing the evidence.
What if the police officer who is frisking me starts asking me questions or for permission to search my car or house?
Never consent to a search. If a police officer asks to search your car or house, calmly and clearly state that you do not consent to the search. If the police officer starts to ask you questions, do NOT answer them. Under the U.S. Constitution, you have the right to remain silent. (see this FAQ for more info).
Can the police trick me into agreeing to a search?
As a practical matter, a cop will often engage a suspect in casual conversation and throw out comments like, "You don't have anything on you that I should know about do you?" You, of course, reply "no". And then they may say, "Well you don't mind if I search you then do you?" Or, "you don't mind emptying your pockets do you?" Many people fall for this calculated tactic and unwitingly give consent to search. Police officers will often try and trick you by making their request to search you sound like a statement (i.e. "I'm going to search you for weapons or contraband, okay?"). Someone who already feels intimidated by the police will instinctively answer okay, thereby giving the officer their consent to be subjected to the search. Do NOT fall for this.
What is a Terry frisk?
A Terry frisk is a brief search of a person for a concealed weapon upon an officer's reasonable suspicion that a crime has been or is about to be committed. A Terry frisk generally consists of a police officer using a limited pat-down of an individual's outer clothing. The search is permitted so a police officer can protect his or her own safety from hidden weapons. Terry searches are also known as a "stop and frisk," "field stop," or "investigatory stop."
When can police use a Terry frisk?
A Terry frisk is only allowed when a law enforcement official has a reasonable suspicion that a person who is stopped is committing a crime or is about to and that the person is armed and dangerous. This reasonable suspicion cannot be based on a hunch and must be based on specific and articulable facts. If a violent crime is suspected the right to search follows automatically.
What does "reasonable suspicion" mean and how is a Terry search different than an arrest?
A technical definition of reasonable suspicion is "a particularized and objective basis, supported by specific and articulable facts, for suspecting a person of criminal activity." More generally speaking, it is something less than the probable cause that is needed to arrest a person but more than a mere hunch.
Should I refuse or physically resist a Terry search?
No, while you can (and should) challenge evidence which may have been found illegally during a Terry seach, like where there were insufficient grounds for reasonable suspicion, you should not physically prevent an officer from patting you down. The time for protesting a search is during a formal legal proceeding or plea negotiation, not when you are being detained or arrested.
If the police find something else on me besides a weapon may it be admitted as evidence against me?
It depends. If the item is contraband, like drugs, then the police officer can seize it only if its criminal character is immediately apparent. In order for the seizure to be consistent with the "immediately apparent" standard (established in Arizona v. Hicks) the officer performing the Terry patdown must immediately recognize the object as contraband. It should be noted that there are plenty of cases where a cop has claimed he was able to feel a small amount of drugs through a pair of denim jeans, and a judge has laughed them out of court, suppressing the evidence.
What if the police officer who is frisking me starts asking me questions or for permission to search my car or house?
Never consent to a search. If a police officer asks to search your car or house, calmly and clearly state that you do not consent to the search. If the police officer starts to ask you questions, do NOT answer them. Under the U.S. Constitution, you have the right to remain silent. (see this FAQ for more info).
Can the police trick me into agreeing to a search?
As a practical matter, a cop will often engage a suspect in casual conversation and throw out comments like, "You don't have anything on you that I should know about do you?" You, of course, reply "no". And then they may say, "Well you don't mind if I search you then do you?" Or, "you don't mind emptying your pockets do you?" Many people fall for this calculated tactic and unwitingly give consent to search. Police officers will often try and trick you by making their request to search you sound like a statement (i.e. "I'm going to search you for weapons or contraband, okay?"). Someone who already feels intimidated by the police will instinctively answer okay, thereby giving the officer their consent to be subjected to the search. Do NOT fall for this.
Last edited:
