Also known as: Terry patdown · Terry frisk · Terry stop and frisk · Terry stop · stop and frisk
Written by attorneys · grounded in primary & secondary sources — see below
A limited protective frisk of a suspect's outer clothing for weapons. The frisk is permissible during a lawful Terry stop when an officer possesses reasonable suspicion, based on specific and articulable facts, that the suspect is armed and dangerous.
Tyler Taylor received an anonymous tip that accurately predicted a suspect would arrive at a specific corner, meet a known associate, and exchange a package. Officers approached, conducted a brief stop, and performed a Terry pat down that revealed a concealed firearm. The predictive details supplied the reasonable suspicion needed to justify the limited outer-clothing frisk.
Theo Thomas received an anonymous tip describing only a man's clothing and location with no predictive details. Officers stopped and patted down Theo anyway, recovering nothing. Because the tip lacked indicia of reliability, the Terry pat down exceeded constitutional bounds and the evidence was suppressed.
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Tanya Tang was lawfully stopped and subjected to a Terry pat down. The officer felt a small, hard object in her pocket whose incriminating character was immediately apparent, allowing seizure without further manipulation. The pat down remained within Terry limits because the officer did not squeeze or explore beyond what was necessary to confirm the item was contraband.
Tiffany Torres lingered near a closed pharmacy at night, repeatedly checking her waistband while glancing at passing cars. An experienced officer recognized the behavior as consistent with concealing a weapon and conducted a Terry pat down that uncovered a handgun. The officer's training permitted the inference of danger that justified the limited frisk.
Trevor Tate and another man paced in front of a store window, conferring repeatedly in a manner suggesting they were casing the premises. An officer with years on the beat stopped them and performed a Terry pat down that revealed revolvers. The specific, articulable facts of suspicious conduct supported the protective frisk for weapons.
Tabitha Taylor was merely present in a tavern when officers executed a warrant. Without individualized suspicion that she was armed, an officer conducted a Terry pat down and found drugs. The frisk violated the Fourth Amendment because mere presence does not supply the reasonable suspicion required for a protective patdown.
An officer must possess reasonable suspicion, supported by specific and articulable facts, that the suspect is armed and dangerous. Mere presence in a high-crime area or a hunch is insufficient.
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Yes, when the officer has specific information that a weapon is located in a precise spot such as a waistband, the officer may reach directly to that location rather than performing a general pat down first.
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An anonymous tip can justify a Terry pat down only when it bears sufficient indicia of reliability, such as accurate predictions of the suspect's future movements that demonstrate inside knowledge.
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The seizure becomes unlawful because the manipulation exceeds the limited scope of a Terry pat down and violates the plain-feel doctrine.
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Yes, officers may draw on their training and experience to interpret otherwise innocuous conduct as indicating that a suspect is armed and dangerous under the totality of the circumstances.
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…security is as important as the right to be free from unreasonable searches of private premises. Unquestionably, the officer’s stop and frisk of Terry amounted to a “search” and “seizure” within the meaning of the Fourth Amendment. We must decide whether these actions were reasonable. The reasonableness of any particular…