Also known as:pat down · patdown · pat-downs · frisk · Terry frisk
Written by attorneys · grounded in primary & secondary sources — see below
A limited search of a person's outer clothing performed by an officer during a lawful investigative stop. The officer may conduct the pat-down only upon reasonable suspicion that the individual is armed and dangerous. The search must remain confined to detecting weapons and may not extend to manipulation or seizure of other objects unless their incriminating character is immediately apparent.
Sources & Authorities· 4 primary sources
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Cases
Hornbooks
Dictionaries
How it applies
Common Examples
6
Traffic Stop Frisk Of Passenger
Pavel Petrov sat in the passenger seat during a lawful traffic stop. The officer observed a bulge under Petrov's jacket and noted nervous behavior consistent with carrying a weapon. The officer ordered Petrov out of the vehicle and conducted a pat-down that revealed a handgun.
Anonymous Tip Lacking Detail
Patrick Phan stood on a street corner matching a description in an anonymous call. The tip supplied only the person's appearance and location without any predictive facts. Officers approached and performed a pat-down that uncovered contraband, which a court later suppressed.
Plain Feel During Pat-Down
Penelope Price was stopped on reasonable suspicion of carrying a weapon. During the pat-down the officer felt a small hard object in her pocket and immediately recognized its shape as crack cocaine. The officer seized the item without further manipulation.
Terry Stop And Weapon Frisk
Pedro Pacheco lingered outside a closed bank while repeatedly touching his waistband. An officer with articulable facts supporting suspicion of robbery detained Pacheco and performed a pat-down that located a firearm.
Controlled Buy Safety Search
Pamela Phillips agreed to participate in a controlled drug purchase. Before sending her into the transaction officers conducted a pat-down to confirm she carried no personal drugs or weapons that could compromise the operation.
United States v. Anderson452 F.3d 66, 76 (1st Cir. 2006)
Vehicle Area Protective Search
Parker Phillips was stopped for speeding and appeared intoxicated. Officers observed a large knife on the floorboard and conducted a pat-down of Phillips that revealed a weapon.
Michigan v. Long463 U.S. 1032 (1983)
Common questions
Frequently Asked
5
When may an officer frisk a passenger during a traffic stop?+
An officer may conduct a pat-down of a passenger when the officer possesses reasonable suspicion that the passenger is armed and dangerous. The suspicion may arise from the totality of circumstances observed during the stop even without separate suspicion of criminal activity by the passenger.
Does an anonymous tip alone justify a pat-down?+
An anonymous tip that merely describes appearance and location without predictive details or other reliability indicators does not supply reasonable suspicion for a stop or pat-down. Courts require additional corroboration or predictive information demonstrating inside knowledge before authorizing the frisk.
What limits apply to seizure of items felt during a pat-down?
+
An officer may seize an object only if its incriminating character is immediately apparent from the initial touch. Any further manipulation beyond what is necessary to determine whether the item is a weapon exceeds the scope of a lawful pat-down and renders the seizure invalid.
What level of suspicion supports a pat-down after an investigative stop?+
Reasonable suspicion supported by specific and articulable facts that the person is involved in criminal activity permits a brief detention. The same facts must also support a reasonable belief that the person is armed and dangerous before an officer may conduct the limited pat-down for weapons.
How does the plain feel doctrine interact with a pat-down?+
The doctrine permits seizure of contraband whose character is immediately apparent during a lawful pat-down. Officers may not squeeze or manipulate the object to develop probable cause beyond the initial tactile impression.
” of the vehicle was not valid because the officers had not observed any suspicious conduct on the part of the respondent that would warrant a reasonable belief that he was armed and…
patdown
search for weapons. See
Terry
v. Ohio , 392 U. S. 1, 25-26 (1968). Dissenting — Justice Breyer Justice Breyer, with whom Justice Souter and Justice Ginsburg join,…
search of Besore to ensure that Besore did not have any drugs or money of his own on his person. Besore's vehicle was also searched. Once these preliminary steps were completed, Besore set…
Criminal Law & ProcedureConstitutional protection of accused persons · Arrest, search and seizureUBEIntermediate