Chapter 17 - Stop and Frisk

Bexar County Sheriff's Office Policy Manual - Stop and Frisk

• Original Date: December 1, 2003
• Effective Date: March 19, 2024
• Chapter Number: Seventeen
• Office: Patrol Division
• Reevaluation Date: March 19, 2025
• Pages: 6
• Supersedes: April 30, 2014
• Approved by: Javier Salazar, Bexar County Sheriff

17.01 Policy

• 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.

17.02 Purpose

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

17.03 Definitions

• 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.

17.04 General Rules

• 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.

17.05 Interviewing Non-Suspects

• 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.

17.06 Stops for Questions

• 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.

17.07 Frisks for Weapons

• 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.

This quiz covers Chapter Seventeen of the Bexar County Sheriff's Office Policy Manual, focusing on the Stop and Frisk procedures. It outlines the policy's purpose, reasonable suspicion criteria, and definitions related to officer safety and citizen protection. Participants will enhance their understanding of police practices and legal standards.