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To conduct a Terry stop, an officer must have reasonable suspicion that a person is involved in criminal activity. This suspicion must be based on specific and articulable facts rather than a mere hunch. The officer is also permitted to briefly detain the individual for investigative purposes and, if necessary, conduct a limited pat-down for weapons if they believe the person may be armed and dangerous.
What else can I help you with?
Can police search a person without a warrant?
It depends on the circumstance. A police officer cannot randomly search a person for no reason; however, there are many situations in which an officer can search without a warrant. Among those is probable cause and exigent (or emergency) circumstances. An officer, also, has the ability to do an outer-clothing patdown if they have reasonable suspicion that an individual is armed (Terry v. Ohio, Terry Stop, or Stop and Frisk). An officer, also, has the ability to conduct a search of the suspect after an arrest has been made (Search Incident to Lawful Arrest).
Can a police officer search you while your walking?
They do have the power (in the UK) to stop and search you for specific purposes. They couldn't search you while you are walking though. They have to inform you first.Added: (in the US) Upon "reasonable suspicion" an officer can detain you for a short time to speak with you and even conduct a pat-down of your outer clothing (Terry v. Ohio). This type of lawful stop must be documented.
Can a police officer detain a suspect without a warrant?
Yes, a police officer can detain a suspect without a warrant if they have reasonable suspicion that the suspect has committed a crime or is about to commit a crime. This is known as a "Terry stop" based on the Supreme Court case Terry v. Ohio.
Is a terry search considered a intrusive search?
The pat-down for weapons in a Terry stop is, by definition, not a search. It is a "frisk" or pat-down solely for the purpose of discovering any weapons that could be used against the officer making the stop. It is, therefore, not an "intrusive search."
Can police pat you down without charging you?
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.
Does stop and search invade peoples privacy?
The correct terminology is Stop and Frisk - and the Supreme Court has ruled that if the officer's 'reasonable suspicion' for the stop can be articulated, it is, in fact, legal and proper. See: Terry v. Ohio
The difference between a voluntary encounter and a Terry stop?
In a voluntary encounter, a person is free to leave and not required to answer questions. In a Terry stop, a police officer has reasonable suspicion that a person is involved in criminal activity and can briefly detain and pat down the individual for weapons.
Is stop and frisk a valid police management tool?
No. In order for an officer to frisk, he must have reasonable articulable suspicion that the person stopped has committed (recent past criminal behavior), is committing (present criminal behavior), or is about to commit (future criminal behavior) a crime. That is known as RAS I. Before and officer can conduct the frisk, RAS I must be satisfied. If RAS I is met, then the officer may conduct a limited seizure of the person (i.e., temporarily detaining the person) in order to determine whether the officer's suspicions are indeed correct. This is also known as a Terry Stop. Terry v. Ohio, 392 U.S. 1 (1968) Individuals may have difficulty specifically defining what constitutes reasonable articulable suspicion. As a starting point, it requires more than a "gut feeling" or hunch on the part of the officer. Reasonable articulable suspicion should indicate to the officer a substantial possibility that a crime has occurred, is occurring, or is about to occur. It requires less proof of wrongdoing than required buy the evidence or probable cause standard. Under the RAS standard, officers are not required to rule out all possibility of innocent behavior before initiating a Terry Stop. The possibility of an innocent explanation for behavior does not deprive the officer of the capacity to entertain a reasonable articulable suspicion of criminal conduct. Essentially, an officer must do two things in order to meet the reasonable articulable suspicion standard. First, the officer should identify the type of crime he/she suspects is being committed. Second, the officer should be able to specify or articulate what factors leads him/her to believe that the activity is criminal in nature. The general factors use for determining RAS is based on the totality of circumstances.
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.
Can a male officer search a females bra line for a traffic stop?
In general, a male officer should not conduct a search of a female's bra line during a traffic stop unless there is a reasonable suspicion that the individual is concealing a weapon or contraband in that area. However, searches should be conducted in a respectful manner and consider the privacy and sensitivity of the individual being searched. It is important to follow the specific search procedures and guidelines set forth by the law enforcement agency involved.
Is it a lawful stop if the cop does not ask for your license and registration but instead tells you to get out of the car and frisks you and also the cop lied about the reason for pulling you over?
Under the correct circumstances, this is potentially legal. The officer should have a visible badge or present one. Your best bet is to follow directions as given, without escalating the situation. -The officer made a stop, based either on probable cause or reasonable suspicion. -During a lawful traffic stop, the officer can request that you step out of the vehicle (in the name of the officer's safety), in reference to Pennsylvania v. Mimms. -If the officer has a reasonable suspicion, or probable cause, that a crime has been committed, and the officer also has reasonable suspicion that you're armed with a weapon, the officer may conduct an outer-clothing pat-down, in reference to Terry v. Ohio. We can only provide you with this information. Without further knowledge, we cannot determine whether or not this situation was completely legal or illegal.
In Virginia when hailed by a marine patrol officer?
Stop and permit the officer to come alongside
