Saturday, October 25, 2008

The Legal Eagles Legal Brief: The Case Of The Stop And Frisk

"Using a procedure known as stop and frisk, authorized by Terry v. Ohio, U.S. Sup. Ct. 1968, a police officer need only have a reasonable suspicion of criminal behavior to detain and question a person (the "stop"). For self-protection, the officer can at the same time carry out a limited pat-down search for weapons (the "frisk").

This rule applies whether you are on foot or in your car.

A "reasonable suspicion" requires more than a hunch or a mere distrust; the officer must have reasonable grounds, based on all of the circumstances, to suspect that the person is involved in criminal activity. The reasonable suspicions give the officer a legal basis to detain and question a person (the "stop"). And for self-protection, the officer can at the same time carry out a limited pat down search for weapons (the "frisk"). -From, "The Criminal Law Handbook"

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