WHAT YOU SHOULD KNOW ABOUT POLICE FRISKS:
What you should know about stop and frisk law:
The Court's ruling in Terry v. Ohio has been understood to validate the practice of frisking (or patting down) suspects for weapons under diverse circumstances. Generally, law enforcement officers will perform frisks at their discretion, regardless of the "reasonable suspicion" standard established by the Terry ruling. Thus, it is not uncommon for frisks to be conducted for investigatory purposes where no actual evidence of a threat to officer safety exists.
Due to the prevalence of police frisks it is important for citizens to understand the rationale behind police authority to pat down suspects, and the limitations the Court has placed on that authority:
1. After initiating contact, police officers may pat down criminal suspects for weapons in order to provide for their safety and that of the public. This police practice is rarely, if ever, a violation of your constitutional rights.
2. If you are frisked, any hard objects the officer detects can be removed from your pockets and inspected.
3. You can be charged for possession of illegal weapons discovered through a lawful pat down.
4. Indicate that you do not consent to a full search of your person. Your proximity to the officer creates a limited window of opportunity in which to assert your rights. If you do not wish to be searched following the pat down, verbally indicate your refusal to be searched as soon as possible in order to avoid any misunderstandings.
5. ***Police CANNOT conduct frisks for the purpose of discovering evidence other than weapons. The Supreme Court has ruled that suspicious items other than weapons retain their Fourth Amendment protection during a frisk. THIS MEANS THAT IF A POLICE OFFICER CLAIMS THAT OBJECTS IN YOUR POCKET FEEL LIKE DRUGS, THE OBJECTS CANNOT BE FURTHER INVESTIGATED WITHOUT YOUR CONSENT.
The Court's ruling in Terry v. Ohio has been understood to validate the practice of frisking (or patting down) suspects for weapons under diverse circumstances. Generally, law enforcement officers will perform frisks at their discretion, regardless of the "reasonable suspicion" standard established by the Terry ruling. Thus, it is not uncommon for frisks to be conducted for investigatory purposes where no actual evidence of a threat to officer safety exists.
Due to the prevalence of police frisks it is important for citizens to understand the rationale behind police authority to pat down suspects, and the limitations the Court has placed on that authority:
1. After initiating contact, police officers may pat down criminal suspects for weapons in order to provide for their safety and that of the public. This police practice is rarely, if ever, a violation of your constitutional rights.
2. If you are frisked, any hard objects the officer detects can be removed from your pockets and inspected.
3. You can be charged for possession of illegal weapons discovered through a lawful pat down.
4. Indicate that you do not consent to a full search of your person. Your proximity to the officer creates a limited window of opportunity in which to assert your rights. If you do not wish to be searched following the pat down, verbally indicate your refusal to be searched as soon as possible in order to avoid any misunderstandings.
5. ***Police CANNOT conduct frisks for the purpose of discovering evidence other than weapons. The Supreme Court has ruled that suspicious items other than weapons retain their Fourth Amendment protection during a frisk. THIS MEANS THAT IF A POLICE OFFICER CLAIMS THAT OBJECTS IN YOUR POCKET FEEL LIKE DRUGS, THE OBJECTS CANNOT BE FURTHER INVESTIGATED WITHOUT YOUR CONSENT.