Excerpt from Attorney Ralph Behr’s Book. Street Smarts- Criminal Law 1.01 – Search and Seizure. What is a Stop and Frisk?

IMG_6709-2-194x300SEARCHES

100 ‘most asked ‘ questions

WHAT IS A STOP & FRISK?

A cop can detain and (“stop”) and pat down (“frisk”) if he has:

1. A “reasonable” suspicion of criminal behavior and/or

2. “reasonable” concern for officer safety. This applies on the street    and at a traffic stop.

The officer needs to have more than a “hunch”, or a judge will throw out the search.

The officer needs to have something he can put into words which is both reasonable and rational….like “furtive movements” and reaching into bulky over-sized clothing, or a bulge that has the outline of a gun or knife.

He can’t go rooting around in your pockets without 1 and 2.