Stop and frisk refers to a situation where police officers temporarily detain a person on the street and pat them down for weapons or contraband if they suspect the person is involved in criminal activity and is armed and dangerous.
Knowing the rules and limits of stop and frisk is important, whether you’re a defendant who has experienced this or just someone who might be approached by police at some point.
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Terry v. Ohio (1968): The Landmark Decision
In the landmark case Terry v. Ohio, the U.S. Supreme Court ruled that police officers can stop and briefly detain a person if they have reasonable suspicion that criminal activity is occurring or is going to occur. The Court also said officers may frisk the person’s outer clothing for weapons if they have reason to believe the person is armed and dangerous.
This case set the ground rules for stop and frisk procedures and clarified when these police encounters are legally valid.
What Is Reasonable Suspicion?
Reasonable suspicion means that officers must have specific, articulable facts to believe that someone is involved in a crime, not just a vague hunch. In stop and frisk situations, this is a crucial standard because it determines when police action is legal. Reasonable suspicion allows police to act quickly in situations where they think crime is taking place or about to take place, based on facts they observe.
Reasonable Suspicion vs. Probable Cause: What’s the Difference?
Probable cause is a higher legal standard than reasonable suspicion. Probable cause means there’s a higher likelihood that a crime has been or is being committed, and it is generally needed to make an arrest or get a warrant. In contrast, stop-and-frisk only requires reasonable suspicion, which means officers need less evidence to initiate a brief stop and pat-down for weapons.
Examples of Justifiable Stops and Frisks
There are certain situations where police may legally stop and frisk an individual because they meet the standard for reasonable suspicion. Here are some common examples:
Suspicious Behavior in a High-Crime Area
If an officer sees someone pacing back and forth, peering into cars, or acting nervously in an area known for frequent thefts, that behavior may give them reasonable suspicion to stop and question the person.
Reports of a Suspect Matching a Description
When police receive a description of a suspect, like clothing or other distinct features, and see someone nearby who matches it, they might lawfully stop the individual to investigate further.
Bulge That Could Be a Weapon
If an officer notices a visible bulge in someone’s clothing or waistband after they’ve been stopped, for example, something that appears to be shaped like a firearm and the person keeps touching that area, they may be justified in doing a pat down.
Stop and frisks and patdowns involve a lot of nuance, so it’s important to speak with a criminal defense attorney if you’ve been stopped by the police and believe your rights were violated.
What To Do During a Stop and Frisk
If you are stopped and frisked by police, knowing how to respond can help protect your rights and keep the encounter as calm as possible:
- Stay calm and keep your hands visible at all times.
- Avoid making sudden movements or arguing with the officer.
- Clearly state that you do not consent to any searches; this protects your rights even if the search proceeds.
- Do not resist physically, even if you believe the stop is unfair. Resisting can lead to additional charges.
- Take note of details, such as the officers’ names, badge numbers, location, and what is said during the stop.
- Politely ask if you are free to leave when the interaction seems to be ending.
Remaining respectful and clear about your rights can help the situation go more smoothly.
What Happens if Police Violate Your Rights During a Stop and Frisk?
If police do not follow the rules during a stop and frisk, your constitutional rights may be violated, and certain legal remedies may be available to you. Here’s what could happen:
Suppression of Evidence
If an officer oversteps their authority and unlawfully searches or detains you, any evidence they find may be excluded from court. This is known as the “exclusionary rule.”
For example, if illegal drugs, weapons, or other incriminating items are discovered during an unlawful frisk, your lawyer can ask the judge to suppress that evidence, preventing it from being used against you.
Possible Dismissal of Charges
When critical evidence is tossed out due to an illegal stop and frisk, the prosecution may not have a strong enough case to continue. This could lead to your charges being reduced or even dismissed entirely.
Contact an Indianapolis Criminal Defense Attorney for a Free Consultation
Understanding how stop and frisk works is important if you ever interact with police. If you believe your rights have been violated during a stop and frisk, don’t hesitate to seek legal advice to explore your options. Contact Suhre & Associates DUI and Criminal Defense Lawyers at (317) 759-2599 today to schedule a free consultation with an Indianapolis criminal defense lawyer.
