stop and frisk

what justification is needed to stop a suspect

reasonable suspition
justification needed to frisk a detained person or vehicle

reasonable belief that the suspect is armed and dangerous to yourself or others
what is the purpose of a stop and frisk

to search for weapons
what areas can be searched in a stop and frisk

areas within immediate control of the detainee where a weapon might be placed or hidden
what is "plain feel"

officer has to be legaly justified in performing a frisk and immediately recognizes, with P/C certainity, an object as evidence of contraband
when can a container be searched for weapons during a frisk
- open containers can be searched based on reasonable suspision
- closed containers can be searched based on reasonable suspision and accessability to the suspect
- locked containers are not easly accessable therefor you need a search warrant
what can an officer do while detaining a suspect whit a container when frisk of the container does not seem reasonable

the officer can temporarily seize the container, set it out of reach and return it when the detention is over.

Author

Hanz

32041

Card Set

stop and frisk

Description

MSTA

Updated

2010-08-31T18:17:12Z