Study Notes on Stop and Frisk Procedures

Fourth Amendment and Stop Procedures

Definition of Stop

  • A stop is characterized as a brief detainment for questioning.

  • Probable cause is not necessary for a stop; instead, reasonable suspicion is required.

Reasonable Suspicion

  • Reasonable suspicion means that the officer has a belief that a crime is being committed, about to be committed, or has just been committed.

  • The officer must be able to articulate their suspicion before executing a stop.

Legal Precedents Referenced

  • Terry v. Ohio (1968): Recognized stops based on reasonable suspicion. The procedure for engagement is often referred to as stop and frisk.

Difference Between Stop and Arrest

  • A stop is not an arrest; it is a limited detainment based on reasonable suspicion.

  • An officer may detain a suspect if they believe the suspect is dangerous or involved in a crime.

Pat Down and Search Protocol

  • Pat Down: Also known as a frisk, involves the limited search of a suspect’s outer clothing for weapons.

  • Screening of Weapons: The initial priority during a stop is to search for weapons before any further search for contraband.

Requirement for a Search

  • There is a three-pronged test that officers must meet for a lawful stop and frisk:

    • Lawful Reason: The officer must have a lawful reason for being present during the stop.

    • Clear Lawfulness of Stop: The stop must be lawful and must be based on the officer's reasonable suspicion.

    • Plain Feel Doctrine: When the officer feels something during a pat down that they recognize as contraband, they can seize it. This happens only if the feeling is based on plain feel.

Case Study

  • Minnesota v. Dickerson (1993): Reinforced the principle that the officer must be able to identify the contraband solely based on touch before withdrawing it from the suspect’s person.

Implications of Self-Incrimination

  • Under the Fifth Amendment, a suspect has the right not to testify against themselves and cannot be forced into self-incrimination during a stop or interrogation.

Summary of Rights During Stops

  • Officers cannot detain individuals unless they articulate valid, reasonable suspicion.

  • The scope of search is limited primarily to weapons first, then can be extended based on what is felt with reasonable certainty.

  • Rights against self-incrimination must always be respected during stops.