Bexar County Sheriff's Office Policy Manual on Stop and Frisk (PDF)

BEXAR COUNTY SHERIFF’S OFFICE POLICY MANUAL Original Date Effective Date Chapter Number December 1, 2003 March 19, 2024 Seventeen Subject Office Stop and Frisk...

BEXAR COUNTY SHERIFF’S OFFICE POLICY MANUAL Original Date Effective Date Chapter Number December 1, 2003 March 19, 2024 Seventeen Subject Office Stop and Frisk Patrol Division References Enclosures None None Distribution Supersedes Reevaluation Date Pages All Sheriff’s Employees April 30, 2014 March 19, 2025 6 Approved by: Javier Salazar, Bexar County Sheriff 17.01 POLICY The Bexar County Sheriff’s Office (BCSO) values and recognizes the rights of citizens to be free from unreasonable searches and seizures. However, the BCSO also recognizes that, in the course of law enforcement operations, deputies will have to contact members of the public as suspects in criminal offenses or as potential witnesses thereto. The United States Supreme Court in Terry V. Ohio also recognized that a deputy, in their capacity as a peace officer, may stop a suspect on the street without probable cause to arrest, under specific circumstances with the appropriate reasonable suspicion. Separately from the stop, a frisk may be conducted if and when deputies can articulate that the frisk is justified due to specific indicators that the suspect may be armed. 17.02 PURPOSE This policy provides deputies guidelines for performing a stop and frisk in accordance with applicable state and federal laws. 17.03 DEFINITIONS A. AREA OF IMMEDIATE CONTROL - The area into which a person might readily reach or lunge in order to immediately access a weapon. B. ARMED - Carrying a weapon or other object capable of inflicting death or serious bodily injury. C. CRIMINAL ACTIVITY - Crimes of a serious nature (such as burglary, robbery, or drug offenses) or crimes involving risk to the safety of person or property (such as public intoxication, disorderly conduct, or criminal mischief). D. DETENTION (STOP) - Action by a deputy (verbal or physical) which places a person under the reasonable belief that they are not free to leave. E. FRISK - A weapons search of a person limited to a pat down of their outer clothing to ensure the safety of the deputy and others, based on facts that deputies are able to articulate. F. NON-SUSPECT - A person who a deputy has no reasonable suspicion to believe is involved in any criminal activity. 1 G. PROBABLE CAUSE - That total set of apparent facts and circumstances based on reasonable, trustworthy information which would warrant a prudent person (in the position of and with the knowledge of the particular deputy) to believe something, for example that a particular person has committed some offense against the law. H. REASONABLE SUSPICION - A deputy's rational belief, based on credible articulable information and circumstances, that something may be true (for example, that an offense may have occurred or that a particular person may have committed on offense). I. SUSPECT - A person who a deputy reasonably suspects of involvement in criminal activity. J. VOLUNTARY CONTACT - Contact between a deputy and a citizen, in which a reasonable person in the citizen's place would believe they are free to leave. 17.04 GENERAL RULES A. Deputies shall not conduct a stop or frisk unless authorized by law and this Manual. In interpreting the law, deputies shall follow the interpretation provided by the BCSO in Chapter 11 Warrantless Arrests, and Chapter 16 Warrantless Search and Seizure, or in other official written statements. When a rule in this chapter is more restrictive than the applicable law, the rule shall be followed. B. In defining terms connected with stop and frisk, the definitions set out in this chapter shall apply. C. Deputies shall not conduct a stop or frisk solely based on individual demographics to include, but not limited to a person’s race, ethnicity, national origin, gender, gender identity, sexual orientation, religion, socioeconomic status, age, disability, cultural group, or political status, except in those cases in which the above characteristics are part of a specific subject description. D. Deputies shall be aware that the purpose of a frisk after a stop is not to discover a crime, but to allow deputies to pursue an investigation without fear of violence to themselves, the public, or the person so stopped. Deputies shall also be aware that the authority to stop someone does not automatically grant the authority to frisk that person. 17.05 INTERVIEWING NON-SUSPECTS A. Deputies may request that a non-suspect voluntarily stop, identify themselves, and answer questions. A non-suspect has the right to refuse to stop or to answer any questions unless they are a potential witness. B. A person may not be detained, even momentarily, without articulated reasonable suspicion. C. Deputies shall identify themselves as such and explain when possible the reason for the contact when they initiate an interview. Deputies not in uniform will identify themselves and provide their agency, credential identification card, name and badge number upon request. D. Deputies shall not detain a non-suspect against their will. However, if the voluntary interview or other circumstances provide reasonable suspicion that an individual is involved in criminal activity, the deputy may detain that person in accordance with the rules in this chapter. 2 E. Deputies shall not frisk a non-suspect. The only exception to this is when, during the course of the voluntary contact facts come to the deputy's attention which cause them to reasonably suspect that the non-suspect is armed and dangerous. 17.06 STOPS FOR QUESTIONS A. Deputies may stop and question a person (including a pedestrian or motorist) whom they reasonably suspect may be involved in past, present, or imminent criminal activity. If the questioned subject refuses to report or falsely reports their name and residence, the subject cannot be charged with "Failure to Identity" under § 38.02(a) of the Penal Code unless the subject is already under arrest for another charge. However, the subject can be detained until they are identified, which may include transport to the BCSO for fingerprinting and photographing. Prior to transport under these circumstances, the deputy must receive authorization from a supervisor. B. Deputies shall identify themselves when they stop a person for questioning and explain, when possible, the reason for the stop. Deputies not in uniform will identify themselves and provide their agency, credential identification card, name, and badge number upon request. C. To the extent necessary and reasonable, deputies may use limited, non-deadly force to prevent a suspect from leaving the scene of a lawful stop. D. Before a deputy stops a person for questioning, they must be able to articulate specific suspicious conduct or totality of the circumstances to justify that stop. For example, any combination of the following (or similar) factors might contribute toward justifying a stop: 1. The suspect is making evasive or furtive movements; 2. The suspect fits descriptors of a wanted notice; 3. The suspect has a felony record; 4. The suspect is near the scene of a recently committed crime; 5. The suspect's actions, clothing, vehicle, or presence appears unusual for the time or the place; and 6. The deputy observes some other factor or has received information, even if anonymous, which links the suspect to criminal activity. E. Deputies may stop and question a potential witness to a crime if: 1. There is reasonable belief that a felony or other crime involving injury to persons or destruction/theft of property has just been committed near the place they find such person; 2. There is reason to believe that such person has knowledge of material aid in the investigation of such crime; and 3. Such action is reasonably necessary to obtain or verify the identity of such person. 3 F. Failure of a witness to orally and truthfully state their name, residential address, or date of birth constitutes an offense under Section 38.02 of the Penal Code. The witness has no obligation, however, to provide further information during the temporary detention, and must be released after identification has been verified. Witnesses may be brought to the station only on a fully voluntary basis. G. Subject to section 17.06(J), below, a deputy may detain a person they lawfully stopped only for the minimum length of time they reasonably need to: 1. Verify their identification; 2. Account for their conduct; 3. Account for their presence; and 4. Ascertain whether a crime occurred. H. A Miranda Warning is not required during a temporary detention, unless the suspect is subjected to treatment that is the functional equivalent of a full custodial arrest. I. A suspect's refusal to satisfactorily answer questions is not grounds to arrest. Refusal to answer questions is only one part of the probable cause to arrest for some other offense. J. Unless they receive authorization from their supervisor, a deputy shall release a suspect if the deputy cannot develop probable cause to arrest the suspect within a reasonably brief period lasting no longer than is necessary to affect the purpose of the stop. K. Deputies shall be aware that prolonging a stop unnecessarily may cause a court to view the detention as an unlawful seizure, if probable cause does not exist for an arrest. 17.07 FRISKS FOR WEAPONS A. Deputies may frisk a suspect they lawfully stop only if there is reasonable suspicion that the suspect is armed and dangerous. If appropriate to protect themselves or others, a deputy may frisk such suspect immediately without providing an opportunity for the suspect to identify themselves or explain their presence. B. Before a deputy frisks a suspect, they must be able to articulate specific factors which produce a reasonable suspicion that the suspect is armed and dangerous. In combination with the factors underlying the stop (Section 17.04D), the following factors, among others, might contribute towards justifying a frisk: 1. The suspect attempts to flee from the deputy when stopped; 2. The suspect is belligerent or threatening; 3. The suspect fails to produce valid identification; 4. The suspect refuses to explain their actions or presence or offers a false or unbelievable story; 4  5. A companion of the suspect is armed; 6. The suspect’s crime involved the use of a weapon; 7. The suspect has a suspicious bulge in their clothing or attempts to conceal an object; or 8. The deputy has received information that the suspect customarily carries a weapon. C. The frisk may extend to the suspect's area of immediate control (often referred to as reaching and lunging areas), including hand-carried or similar items such as packages, purses, parcels, shoulder bags, knapsacks, or unlocked briefcases, and which might include the passenger compartment of their car. The frisk must be limited, however, to places which could contain weapons and should be limited to merely squeezing rather that opening items, where possible. D. Deputies shall end the frisk as soon as they no longer reasonably suspect that the suspect is armed and dangerous. E. When appropriate under the circumstances, a deputy who has lawfully stopped a suspect may order that suspect to move a reasonable distance to a safer location (e.g., away from a crowd, out of a dark alley) before frisking them. 1. Deputies should routinely remove a suspect from their vehicle if a frisk is conducted. 2. Whenever possible, a frisk shall by conducted with the suspect in a standing position; however, circumstances may exist where a deputy can articulate justification of a more secure position in which to conduct said frisk. F. While conducting a frisk, if a deputy reasonably suspects that an object they feel or otherwise discovers is a weapon, they may remove that object for closer examination. If the removed object is an illegal weapon, contraband, or other seized item, inventory the seized property as evidence, and conduct a full search of the arrestee. G. Females believed to be carrying weapons are not excluded from the provisions of the frisk rule. When a male deputy encounters such a situation in the field, and articulable circumstances demand that a frisk of a female be made, the following rules shall apply. 1. If carrying a purse, or similar container, any deputy with sufficient reason to conduct a frisk may take the purse or container and frisk it for a weapon. a. If practical, this examination should be made without opening the purse or container. b. The examination should be made by squeezing the container, if possible, or by looking in it if already open. c. If sufficient grounds exist to suspect a weapon is in the container (the purse is exceptionally heavy, as if it contained a gun, or something that feels like a weapon can be identified by feel), the deputy may then open the container to retrieve the suspected object. 2. Male deputies shall request a female deputy to conduct frisks involving females, when practical. 5 3. If a female deputy is unavailable, the frisk shall be conducted by a male deputy in the manner that is least intrusive or offensive to the female. This shall include the following sequence unless circumstances make it dangerous: a. Visual: Male deputy shall first attempt to observe a weapon's bulge beneath the clothing of a female. Male deputies may pull loose clothing against the body in areas where a weapon is likely to be concealed (i.e., waist). b. Minimum Contact: If a suspicious bulge is visible or male deputies still believe a weapon may be present, male deputies may use the back of the hand or use an ASP or flashlight to pat the area to determine if the object is metal. 4. No statement within this chapter should be inferred to prevent deputies from retrieving a weapon from a female suspect, regardless of the location of that weapon. 6