Also known as: protective frisks · frisk · pat-down frisk · Terry frisk
Written by attorneys · grounded in primary & secondary sources — see below
A limited patdown of a person's outer clothing for weapons. The frisk is authorized during a lawful investigative stop when an officer possesses reasonable suspicion, based on specific and articulable facts, that the person is armed and dangerous.
During a lawful traffic stop, Officer Reyes observed Priya Prasad, a passenger, repeatedly reaching toward her waistband while glancing nervously at the officers. Reyes had reasonable suspicion that Prasad was armed and dangerous. Reyes conducted a protective frisk of Prasad's outer clothing and recovered a concealed handgun.
An anonymous caller told police that Pablo Perez was standing on a corner wearing a red jacket and carrying a gun. Officers arrived, saw Perez matching the description, and immediately frisked him. The tip lacked predictive details or other reliability indicators, so the protective frisk was invalid and the recovered weapon was suppressed.
Select any source to read its text and confirm it supports the definition.
Officer Patel watched Pearl Porter pacing outside a closed bank at night, repeatedly touching her waistband, and conferring with another person. These facts created reasonable suspicion that Porter was casing the bank and armed. Patel detained Porter briefly and performed a protective frisk that uncovered a pistol.
After stopping Pierre Poulin for a traffic violation, Officer Lane saw Poulin reach under the seat and noticed a bulge consistent with a weapon. Lane had reasonable suspicion that Poulin was armed and dangerous. Lane conducted a protective frisk of the passenger compartment and recovered a firearm.
Officers detained Paula Pierce on suspicion of a completed burglary and transported her to the station without probable cause for arrest. They conducted a protective frisk before placing her in the car. The frisk was invalid because the initial seizure itself exceeded Terry limits.
During a bar search pursuant to a warrant, Officer Rivera frisked Patricia Patel, a customer present only as a patron, without any individualized suspicion that Patel was armed. The protective frisk exceeded permissible bounds because no reasonable suspicion attached to Patel personally.
When the officer possesses specific, reliable information pinpointing the exact location of a weapon, such as a tip describing a gun in a waistband, the officer may reach directly to that spot without a preliminary patdown of the entire outer clothing.
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No. An anonymous tip that merely describes appearance and location, without predictive information or other indicia of reliability, does not supply the reasonable suspicion required for a stop and frisk.
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Yes. During a lawful traffic stop, officers may frisk a passenger if they have reasonable suspicion that the passenger is armed and dangerous, even without suspicion of additional criminal activity.
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Reasonable suspicion, supported by specific and articulable facts, that the person is armed and dangerous. This standard is lower than probable cause but requires more than a hunch.
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…for continued observation. In my view, it is temporary detention, warranted by the circumstances, which chiefly justifies the protective frisk for weapons. Perhaps the frisk itself, where proper, will have beneficial results whether questions are asked or not. If weapons are found, an arrest will follow. If none are found, the…