Also known as:stop-and-frisk · stops and frisks · stopped and frisked · Terry stop · Terry frisk · pat-down search
Written by attorneys · grounded in primary & secondary sources — see below
A police procedure authorizing an officer to briefly detain a person for investigation and to conduct a limited pat-down of outer clothing for weapons when the officer possesses reasonable suspicion based on specific articulable facts that the person is armed and dangerous or engaged in criminal activity.
Sources & Authorities
How it applies
Common Examples
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Predictive Tip Supports Detention
Sarah Sullivan received a call from an informant who accurately described a suspect's upcoming route and actions near a known drug corner. Officers observed the suspect follow the exact predicted path and movements. They detained the suspect briefly and frisked for weapons based on the tip's demonstrated reliability.
Bare Description Insufficient
Sofia Stern received an anonymous report describing only a person's clothing and location at a bus stop. Officers approached and frisked the individual solely on that description without any predictive details or corroboration of criminal conduct. The frisk yielded no weapon and the evidence was suppressed.
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Cases
Casebooks
Hornbooks
Course Outlines
Study Supplements
Dictionaries
Seth Shapiro, a veteran officer, watched Selena Singh repeatedly scan a jewelry store entrance and adjust a bulky item under her coat near closing time. Drawing on patterns from prior robberies, Shapiro detained Singh and conducted a protective frisk that revealed a handgun.
Frisk Exceeds Scope
Sasha Stone was stopped after an officer saw him repeatedly reach into his pocket in a high-crime area. The officer immediately thrust a hand into the pocket rather than conducting an outer-clothing pat-down and recovered narcotics. The search was ruled invalid because it exceeded the protective purpose.
Sibron v. New York392 U.S. 40 (1968)
Vehicle Area Frisk
Sabrina Shah was stopped for erratic driving at night. The officer saw a bulge under the driver's seat and conducted a limited search of the passenger compartment for weapons before allowing her to reenter the vehicle. The frisk of the area was upheld as a protective measure during the encounter.
Michigan v. Long463 U.S. 1032 (1983)
Scope Limited to Safety
Sentinel Security guards detained a suspect after a brief stop and found no weapon during the pat-down. Officers then searched the suspect's vehicle for evidence of a separate crime without additional justification. The vehicle search was suppressed because it exceeded the narrow safety rationale of the frisk.
Common questions
Frequently Asked
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When does an anonymous tip provide reasonable suspicion for a stop and frisk?+
An anonymous tip supports reasonable suspicion when it contains predictive details about the suspect's future conduct that demonstrate inside knowledge and are corroborated by police observation. A bare description of appearance and location without such predictive elements is insufficient even if accurate.
What standard governs whether an officer may frisk during a Terry stop?+
The officer must have reasonable suspicion that the detainee is armed and dangerous. The frisk is limited to a pat-down of outer clothing for weapons and must be justified by specific facts rather than a generalized concern for safety.
How does an officer's training and experience affect the reasonable suspicion analysis?+
Officers may draw on their training and experience to interpret seemingly innocuous conduct as indicative of criminal activity when viewed in the totality of the circumstances. Inferences that would not be obvious to a layperson can support a stop and frisk when grounded in the officer's specialized knowledge.
Can an officer reach directly into clothing without first performing a pat-down?+
Yes when the officer possesses specific information that a weapon is located in a precise spot such as a waistband. The direct reach is permissible if it is no more intrusive than necessary to secure the suspected weapon and is motivated by officer safety.
392 U.S. 1, 88 S. Ct. 1868, 20 L. Ed. 2d 889 (1968)Criminal Procedure
…opinion. Syllabus This case presents serious questions concerning the role of the Fourth Amendment when a police officer stops and frisks a suspect without probable cause to arrest. The petitioner, John W. Terry, was convicted of carrying a concealed weapon after a police officer stopped him and two others based on reasonable…