Podcast
Questions and Answers
What is the primary purpose of a frisk?
What is the primary purpose of a frisk?
- To conduct a full search of the person and their belongings
- To search for evidence of a crime
- To protect the police officer and third parties (correct)
- To intimidate the suspect
What is the scope of a frisk limited to?
What is the scope of a frisk limited to?
- Drugs, stolen goods, and other evidence of a crime
- Any item that could be used as a weapon
- All items on the person or in their vehicle
- Guns, knives, and other hidden instruments for assault (correct)
What is the court's primary concern in regards to a frisk?
What is the court's primary concern in regards to a frisk?
- Ensuring the suspect is convicted
- Protecting the officer's safety
- Protecting the suspect's right to be left alone (correct)
- Making sure the officer has probable cause
What was the main question posed in Terry v. Ohio (1968)?
What was the main question posed in Terry v. Ohio (1968)?
Under what circumstances can a 'plain feel' seizure of contraband or evidence be legal?
Under what circumstances can a 'plain feel' seizure of contraband or evidence be legal?
What can an officer do while detaining a suspect with a container when a frisk of the container does not seem reasonable?
What can an officer do while detaining a suspect with a container when a frisk of the container does not seem reasonable?
According to the Terry v. Ohio case, under what circumstances can a police officer frisk a person?
According to the Terry v. Ohio case, under what circumstances can a police officer frisk a person?
What is the primary purpose of a frisk?
What is the primary purpose of a frisk?
What is required for an officer to have reasonable suspicion to stop and frisk a person?
What is required for an officer to have reasonable suspicion to stop and frisk a person?
What is the difference between a frisk and a full search?
What is the difference between a frisk and a full search?
What is the scope of a frisk on a person?
What is the scope of a frisk on a person?
What is the purpose of a Terry stop?
What is the purpose of a Terry stop?
What is required for a police officer to have probable cause to search a vehicle?
What is required for a police officer to have probable cause to search a vehicle?
What is the standard for determining reasonable suspicion?
What is the standard for determining reasonable suspicion?
What is the justification for a 'plain feel' seizure?
What is the justification for a 'plain feel' seizure?
What is the difference between a detention and an arrest?
What is the difference between a detention and an arrest?
What is the primary purpose of a frisk during a stop and frisk?
What is the primary purpose of a frisk during a stop and frisk?
Under what circumstances can a container be opened during a search?
Under what circumstances can a container be opened during a search?
What is required for a search warrant to be executed?
What is required for a search warrant to be executed?
What is the purpose of the 'Plain View Doctrine'?
What is the purpose of the 'Plain View Doctrine'?
What is required for a search incident to the execution of a search warrant?
What is required for a search incident to the execution of a search warrant?
Under what circumstances can an officer move a container away from a subject's control?
Under what circumstances can an officer move a container away from a subject's control?
What is the purpose of a stop and frisk?
What is the purpose of a stop and frisk?
What is required for an officer to search an abandoned property?
What is required for an officer to search an abandoned property?
What is the scope of a search incident to the execution of a search warrant?
What is the scope of a search incident to the execution of a search warrant?
What is the purpose of 'Searches by Private Persons'?
What is the purpose of 'Searches by Private Persons'?
What is the primary purpose of a patdown search?
What is the primary purpose of a patdown search?
What is the justification for a search incident to arrest of a person?
What is the justification for a search incident to arrest of a person?
What is the scope of a search incident to arrest of a vehicle?
What is the scope of a search incident to arrest of a vehicle?
What is the purpose of a protective sweep?
What is the purpose of a protective sweep?
What is required for a search incident to arrest of a premise?
What is required for a search incident to arrest of a premise?
What is the motor vehicle exception to the warrant requirement?
What is the motor vehicle exception to the warrant requirement?
What is the justification for an emergency (exigent) circumstance search?
What is the justification for an emergency (exigent) circumstance search?
What is required for a consent search?
What is required for a consent search?
What is the scope of a search incident to arrest of a person's personal property?
What is the scope of a search incident to arrest of a person's personal property?
When can an inventory search be conducted?
When can an inventory search be conducted?
What is the purpose of an inventory search?
What is the purpose of an inventory search?
What is required for a search of a closed but not locked container?
What is required for a search of a closed but not locked container?
What happens if a locked container is damaged during an inventory search?
What happens if a locked container is damaged during an inventory search?
What is the Motor Vehicle Exception?
What is the Motor Vehicle Exception?
What is the purpose of a search incident to arrest?
What is the purpose of a search incident to arrest?
Study Notes
Introduction to Frisk and Stop
- A frisk is a limited search of a person or vehicle to ensure officer safety and detect hidden weapons.
- The purpose of a frisk is not to gather evidence, but to protect the officer and others from potential harm.
Legal Justification for a Frisk
- A frisk is justified if the officer has reasonable suspicion that the person is armed and involved in criminal activity.
- The officer must be able to articulate the basis for the suspicion.
- The frisk must be limited to a pat-down of the outer clothing for weapons only.
Circumstances for a Frisk
- A frisk can be performed during a detention or traffic stop if the officer has reasonable suspicion that the person is armed.
- The officer must have reasonable suspicion that the person is involved in criminal activity, has been involved, or will be involved.
- Circumstances that contribute to reasonable suspicion include:
- Gang members often being armed
- Type of crime suspected includes a weapon
- Drug dealers often being armed
- Subject known to carry a weapon
- Bulky clothing capable of concealing a weapon
Scope of a Frisk
- A frisk of a person is limited to a pat-down of the outer clothing for weapons only.
- A frisk of a vehicle is limited to a pat-down of the areas immediately accessible to the detained party.
- The search is for weapons only, not for evidence or contraband.
Plain Feel Seizure
- A plain feel seizure is justified if the officer has probable cause to believe the item felt is contraband.
- The officer must be able to articulate the basis for the probable cause.
- The search must be limited to a pat-down of the outer clothing for weapons only.
Searching Containers
- A container may be searched if the officer has reasonable suspicion that it contains a weapon.
- The officer may squeeze or open the container if they feel a weapon-like object.
- The officer must be able to articulate the basis for the search.
Detaining a Subject with a Container
- If the officer is detaining a subject with a container and a frisk of the container does not seem reasonable, the officer may move the container away from the subject's immediate control until the detention is terminated.
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Description
Learn about the legal justification for a frisk, including the justification needed to stop a suspect and the further justification required for a frisk of a detained person and/or vehicle.
