Terry Frisks
Officers may perform a Terry frisk of a legally detained person if it is reasonable to believe they were armed or otherwise presented a threat to officers or others. (Frisks are also commonly referred to as "protective frisks," "protective pat-downs," and "pat searches.") For example, pat searches are permitted whenever officers reasonably believed that the detainee committed a crime in which a weapon was used, or a crime in which weapons are commonly used; e.g., drug trafficking. A pat search is also justified if officers reasonably believed that the detainee posed an immediate threat, even if there was no reason to believe he was armed.56
A Terry frisk is a pat-down of a suspect’s outer clothing to discover weapons that the individual could use against the officer during an investigative stop. The officer may not use a Terry frisk to look for evidence of a crime. The courts pronounce two requirements for a Terry frisk:
The detention leading to the frisk must be lawful; and
The officer must reasonably suspect that the person is presently armed and dangerous.
Although the courts routinely say that officers must have reasonably believed that the detainee was armed and dangerous, either is sufficient. This is because it is apparent that a suspect who is armed with a weapon is necessarily dangerous to any officer who is detaining him, even if he was cooperative and exhibited no hostility.55
A frisk is a limited search for weapons. The officer may conduct the frisk after handcuffing the suspect. The officer may check the outside of the suspect’s clothing for weapons or any hard objects that could potentially be a weapon. Once the officer identifies a potential weapon or hard object that the suspect could use as a weapon, the officer is entitled to go inside the clothing and retrieve the object. When dealing with winter clothing, the officer may reach inside and beneath a heavy jacket and frisk underneath it to avoid missing any potential weapons. The officer may also frisk the area under the suspect’s immediate control, which can include any containers in the suspect’s possession.
Factors Used to Justify a Terry Frisk
As with investigative detentions, the officer may establish reasonable suspicion that a suspect is presently armed and dangerous through a variety of methods, including personal observations, information from other officers, and information from third parties, such as informants. The list of factors an officer may use to justify a Terry frisk is extensive. The following are some of the most commonly recognized factors:
A suspect, through past criminal history or association with violent gangs, has a reputation for being armed and dangerous;
A bulge in a suspect’s clothing indicating the possible presence of a weapon;
A “furtive” or other movement by the suspect indicating he is checking or adjusting a hidden weapon or ensuring that it remains concealed;
A suspect’s words and actions, such as refusing to comply with an officer’s directions to display his open hands;
A tip from a reliable informant that the suspect is armed and dangerous;
Reasonable suspicion that the suspect has committed a crime, such as armed robbery, burglary, or drug trafficking, that by its nature indicates the likelihood that the perpetrator is armed and dangerous.
This list is not exhaustive. The court will examine the totality of the circumstances to determine whether there were sufficient factors to establish reasonable suspicion that the suspect was presently armed and dangerous.
The “Plain Touch" (or "Plain Feel") Doctrine
While the purpose of a Terry frisk is to discover weapons, not evidence of a crime, the Supreme Court has held that an officer, under very specific circumstances, may seize contraband detected during the lawful execution of a Terry frisk. This is known as the “plain touch” doctrine.
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