Please provide an example of a scenario where a police officer would, or would not, be legally entitled to stop and potentially frisk someone. Please explain why this is or is not legal.

When Can the Police Stop and Frisk You on the Street?

A look at the history of "stop and frisk," and the circumstances required to make its use legal.

by Marcia Layton Turner

updated September 04, 2020 · 3 min read

Man standing by crosswalk

The United States' “stop and frisk" rule originated from the Fourth Amendment's language regarding unreasonable searches and seizures.

The policy actually allows police to stop and “pat down" anyone they suspect may be committing, have committed, or are about to commit a crime. Their suspicion alone is what permits them to stop you and search you.

The current stop and frisk policy has been legal since 1968, when the Supreme Court ruled in Terry v. Ohio to allow police officers the flexibility to temporarily detain and search someone they suspect has done or is in the process of doing something illegal.

Since then, all 50 states have adopted this ruling in some form.

Unfortunately, rather than rooting out crime, the American Civil Liberties Union (ACLU) of New York reports that 9 out of 10 New Yorkers who have been stopped and frisked were innocent. Some people see stop and frisk as a form of harassment.

Explanation:

If a police officer suspects you are in some way involved in illegal activity, they have the authority to stop you, whether you're walking, driving, biking, boating, or engaged in some other activity.

“During a stop, you are not under arrest, but you are not free to leave," explains Tod Spodek, managing partner of the Spodek Law Group.

“When an officer stops your car, the officer must have a reasonable suspicion that someone in the car committed a crime, or probable cause to believe the driver committed a traffic violation."

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