Chapter 17 - Stop and Frisk

Study Notes

Purpose: To protect citizens from unreasonable searches and seizures but acknowledge the need for officer safety and contact with members of the public as suspects or witnesses in criminal investigations.
Reasonable suspicion: Allows for a stop of a suspect on the street without probable cause for an arrest.
Frisk: A weapons search authorized if a deputy reasonably suspects the suspect is armed.

Policy provides guidelines for stops and frisks, consistent with state and federal laws.

Area of Immediate Control (AIC): The area around a person where they might reach for a weapon.
Armed: Carrying a weapon or object capable of inflicting serious injury.
Criminal Activity: Serious crimes (e.g., burglary, robbery, drug offenses) or crimes posing risk to people or property (public intoxication, disorderly conduct, criminal mischief)
Detention (Stop): Action making a person believe they aren't free to leave.
Frisk: Limited pat-down of outer clothing to assess for weapons, based on articulable facts.
Non-Suspect: Person with no reasonable suspicion of criminal activity.
Probable Cause: All facts that would lead a prudent person to believe a crime was committed.
Reasonable Suspicion: Credible information and circumstances indicating a crime might be, or has been committed.
Suspect: Person a deputy reasonably suspects of involvement in criminal activity.
Voluntary Contact: Interaction where a reasonable person would feel free to leave.

Lawful stops and frisks: Must be authorized by law and the manual.
Terms Defined: Definitions should align with the chapter for clarity.
Prohibited considerations: Deputies cannot conduct stops and frisks based on unlawful factors like race, ethnicity, gender, etc. This only applies when the characteristics are not part of a suspect description.
Purpose of frisk: To allow investigations without fear of violence to officers, public, or suspects, not to discover a crime itself.
Authority: A frisk doesn't automatically follow a stop; additional justification is needed.

Deputies can ask questions: Can ask non-suspects to stop, identify themselves, and answer questions.
Right to refuse: Non-suspects have the right to refuse to stop or answer questions.
Detention is restricted: Cannot detain a person without reasonable suspicion.
Identification requirements: Deputies must identify themselves and their agency.
Voluntary interaction: Interaction must be voluntary, the non-suspect is free to leave.

Reason for questioning: Deputies can stop and question if there's reasonable suspicion of current, past, or imminent criminal activity.
Subject Identification: If a suspect refuses to Identify themselves, detention is allowed to identify.
Supervisory approval: Deputies will first need supervisory approval prior to transport for fingerprinting and photography.
Justification for stop: Deputies must Articulate a reason and specific circumstances justifying a stop.
Factors justifying a stop: Certain suspicious movements, suspect descriptions (wanted notice), recent crime scene proximity, unusual conduct, or information linking the suspect to criminal activity.
Questions to witnesses: Can question potential witnesses if injury or property theft has recently occurred nearby.

Reason for frisks: Deputies can frisk if there's a reasonable suspicion that the suspect is armed and dangerous, enabling officer and public safety.
Factors justifying a frisk: Fleeing from an officer, threatening or belligerent behavior, failing to identify.
Suspect's demeanor: Bulges or unusual behavior can raise reasonable suspicion and trigger a frisk.
Unlawful Weapon Search: Weapons must only be searched in their immediate control areas.
Special considerations for females: Male deputies need to be aware of conducting a frisk based on the need to be least intrusive and offensive . Using visual cues first (looking for bulges), and contact if necessary, and use of less forceful methods if a weapon is visible.
Prioritization of visual assessment: The use of visual assessment is the first step in determining whether a frisk is necessary.