Written by attorneys · grounded in primary & secondary sources — see below
A suspicion based on specific and articulable facts that a person possesses a weapon and poses an immediate threat of harm. This suspicion permits a limited patdown of outer clothing during a lawful investigative stop to protect officer safety.
Sources & Authorities
How it applies
Common Examples
6
Traffic Stop Passenger Frisk
During a lawful traffic stop Anita Ali sat in the front passenger seat of a vehicle pulled over for a broken taillight. The officer noticed Ali repeatedly reaching toward her waistband and shifting nervously while the driver answered questions. The officer ordered Ali out of the car and conducted a limited patdown of her outer clothing that revealed a handgun.
Street Encounter Near Bank
Officer Lane observed Andrew Avery lingering outside a closed bank for twenty minutes while watching customers and repeatedly patting his waistband. The officer briefly detained Avery and performed a limited outer-clothing patdown that uncovered a loaded pistol.
Select any source to read its text and confirm it supports the definition.
Cases
Casebooks
Study Supplements
Officers at an airport detained Ariana Azizi after her luggage emitted a suspicious odor and she appeared nervous. They conducted a brief investigative stop and frisked the exterior of her bag after observing her repeatedly touching a rigid object inside her coat.
United States v. Place462 U.S. 696 (1983)
Identification Request During Stop
Police stopped Alfred Ashford for loitering near a closed business after dark. When he refused to provide identification and kept one hand inside his jacket the officers conducted a limited patdown that disclosed a knife.
Kolender v. Lawson461 U.S. 352, 103 S.Ct. 1855, 75 L.Ed.2d 903 (1983)
Vehicle Passenger Compartment Search
After stopping Alice Atkins for speeding at night officers saw a large bulge under the front seat. They ordered her out of the car and conducted a limited search of the passenger compartment for weapons before discovering a firearm.
Michigan v. Long463 U.S. 1032 (1983)
Bar Patron Patdown
Officers entered a bar to execute a search warrant and patted down Audrey Ashton who was merely present as a customer. The frisk uncovered drugs after the officers lacked individualized suspicion that Ashton herself was armed and dangerous.
Ybarra v. Illinois444 U.S. 85 (1979)
Common questions
Frequently Asked
3
What level of suspicion is required before an officer may frisk a person for weapons?+
Reasonable suspicion that the person is armed and dangerous based on specific and articulable facts permits a limited patdown of outer clothing during a lawful investigative stop.
Supporting sources
May an officer reach directly into clothing without first performing a full patdown?+
Yes when the officer possesses specific reliable information that a weapon is located in a precise spot on the suspect's body the officer may go directly to that location to retrieve it.
Supporting sources
Does reasonable suspicion of criminal activity alone justify a frisk?+
No the officer must also possess reasonable suspicion that the person is armed and dangerous before conducting a patdown for weapons.
Supporting sources
392 U.S. 1, 88 S. Ct. 1868, 20 L. Ed. 2d 889 (1968)Criminal Procedure
…seized from Terry was properly admitted in evidence against him. The officer had reasonable grounds to believe that Terry was armed and dangerous, and the search was limited in scope to a pat-down of outer clothing for weapons. The Fourth Amendment does not require that police officers, when they lack probable cause to arrest, must…