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A law enforcement officer may perform a 'pat down' on the outer clothing of an individual when performing a stop for investigation on the street, if the peace officer feels that their safety may be is in jeopardy.

The officer may also perform a 'pat down' if he/she has reasonable suspicion of the individual's immediate criminal intent and/or the individual's involvement with a past criminal activity; (the individual may match a suspect's description, or the individual may be in the vicinity of a recent crime scene, and the peace officer has reasonable suspicion of the individual's involvement).

Added: This is referred to as a "Terry stop" referring to the US Supreme Court case "Terry v. Ohio" which ruled that such a stop and frisk IS Constitutional.

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13y ago
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6mo ago

In certain circumstances, the police can conduct a pat-down search without charging you. This type of search, known as a Terry stop or a stop and frisk, is based on reasonable suspicion that you are involved in criminal activity or that you pose a threat to the safety of the officer or others. However, the search must be limited to a pat-down of the outer clothing to search for weapons, and it shouldn't go beyond what is necessary to ensure everyone's safety.

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Q: Can police pat you down without charging you?
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When does the police officer conduct a pat down search?

After he arrests you and before he puts you in the cop car. A frisk can be done as part of a routine stop if the officer is concerned for his safety. It is generally a pat down of external clothing.


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A cop can pat down anyone regardless of their sex or age as long as the reason for the search is consistent with case law. For the most part a police officer will attempt to have someone of same sex perform the search if possible, but if there is a belief that the suspect is concealing a weapon, the pat-down is immediate and the officer will not wait for a same sex partner.


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When conducting a Terry search police are permitted to?

conduct a brief, limited pat-down of a person's outer clothing if they have a reasonable suspicion that the person may be armed and dangerous. This search is for the officers' safety and does not require a warrant. However, it is important to note that this search is limited to a pat-down of the outer clothing and does not permit a full search of the individual or their belongings.


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