If you’re ever stopped by the police while walking down the street, you may wonder whether they can legally pat you down without your consent. The short answer is: it depends. In certain situations, the police do have the legal authority to frisk you, but there are specific conditions that must be met.

Let’s explore when and how a police pat down, or "Terry stop," is legally justified. Contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation if you have any questions.

What Is a Terry Stop?

A Terry stop refers to a stop-and-frisk procedure that police officers can conduct without a warrant under specific circumstances. Named after the landmark 1968 U.S. Supreme Court case Terry v. Ohio, this exception allows law enforcement officers to temporarily detain and pat down individuals if they have a reasonable suspicion that the person may be involved in criminal activity.

Normally, the Fourth Amendment of the U.S. Constitution protects citizens against unreasonable searches and seizures, which generally require a warrant. However, the Supreme Court created exceptions to this rule, including Terry stops, which allow officers to act quickly in certain situations without first obtaining a warrant.

When Can Police Legally Stop You?

For a police officer to legally stop you, they must have reasonable suspicion based on specific and objective facts. Reasonable suspicion is a lower standard than probable cause, which is needed for arrest warrants, but it must still be more than just a hunch. Some factors that might give rise to reasonable suspicion include:

• You were near the scene of a crime that just occurred.
• You were behaving suspiciously, such as running when the police arrived.
• You were driving erratically or breaking traffic laws.

Reasonable suspicion can also be influenced by the location and context, such as being in a high-crime area or matching the description of a suspect.

Can Race or Ethnicity Be Used as a Factor in a Terry Stop?

While the police are permitted to use race or ethnicity as one factor in identifying a suspect, it cannot be the sole basis for reasonable suspicion. For example, if a crime report includes a detailed description of a suspect’s appearance that includes race, and other facts suggest the person stopped may be involved, this may justify a stop. However, racial profiling—where someone is stopped solely because of their race or ethnicity—does not meet the legal standard for reasonable suspicion and is a violation of civil rights.

What Is Allowed During a Pat Down?

Once you’ve been lawfully stopped, the police may frisk you for weapons if they have a reasonable belief that you are armed and dangerous. This pat down is limited in scope and is meant to ensure officer safety. Here’s what the police are allowed—and not allowed—to do during a pat down:

• Allowed: The police can pat down your outer clothing to check for weapons.
• Not allowed: They cannot go into your pockets or search for anything beyond what could be a weapon.
• Allowed: If during the pat down, the police feel an object that is immediately identifiable as contraband (such as drugs), they may seize it.
• Not allowed: They cannot search your phone, reach into closed bags, or conduct a full search without further justification.

What Happens If the Police Find Contraband During a Pat Down?

While the primary goal of a pat down is to check for weapons, if police officers discover contraband (such as illegal drugs) through plain feel, they may seize it and use it as evidence. The doctrine of plain feel allows officers to act on obvious contraband during a legal frisk, even if it wasn’t what they were initially looking for. However, if the stop and frisk were conducted unlawfully, your defense attorney may be able to challenge the evidence and potentially have it excluded from court.

How Can You Fight an Illegal Stop and Frisk?

If you believe you were unlawfully stopped and frisked, you may have grounds to challenge any evidence gathered as a result. A skilled criminal defense attorney can argue that the police did not have reasonable suspicion to stop you, or that the search went beyond the limits of a lawful pat down. In these cases, the court may decide to suppress the evidence, meaning it cannot be used against you in trial.

Get Help From an Experienced Defense Attorney

If you’ve been subjected to a stop and frisk or charged with a crime after being patted down by the police, it’s important to seek legal help. At Law Office of Michael L. Fell, our experienced criminal defense attorneys can review the details of your case and work to have any unlawfully obtained evidence thrown out. Contact Law Office of Michael L. Fell at (949) 585-9055 today to schedule a free consultation and learn how we can help protect your rights.