LE322.5: Legal Justine

Legal Justification for Frisks

Reasonable Suspicion and Frisks

  • A law enforcement officer may frisk the exterior clothing of someone lawfully detained if:
    • The officer has reasonable suspicion to believe the person:
      • Is about to commit a crime.
      • Has committed a crime.
      • Is committing a crime.
    • AND the officer has reasonable suspicion to believe that the person may be armed.

Scope of a Frisk

  • A frisk, also known as a pat-down, is not a full search.
  • It is limited to an external pat-down of outer clothing and property being carried by the person.

Justification for a Pat-Down

  • To reduce the possibility of violating the Fourth Amendment, officers must be able to articulate reasons for believing the person has a weapon.
  • Officers may not automatically pat down every person detained.

Requirements for a Lawful Pat-Down or Frisk

  • The person is lawfully detained based on reasonable suspicion.
  • The officer has reasonable suspicion to believe that the person possesses a dangerous weapon.

Extension of Frisk to Vehicles

  • A frisk is not restricted to a person's body; the passenger compartment of a vehicle may also be frisked.
  • This is based on a reasonable belief that an occupant of the vehicle is armed and dangerous.

Definition of Passenger Compartment

  • Includes the area of a motor vehicle designed for the seating of the driver and passengers.
  • Does not include a locked glove compartment or the trunk.

Example Scenario

  • A high-risk traffic stop of a vehicle matching the description of an armed robbery suspect's vehicle.
  • Further search is justified only if the officer detects something readily apparent to be a weapon or immediately apparent to be contraband.

Mackey v. State

  • Simply seeing a partially concealed firearm does not, standing alone, constitute reasonable suspicion or justify a frisk.
  • This aligns with the fact that many people may lawfully possess a concealed firearm.

Discovery of Illegal Items

  • If an illegal weapon or evidence of a crime is discovered during the detention, an arrest may be made if warranted.