[bigkarch]

The Right of the Police to Conduct A Stop and Frisk

A police officer may stop a person in order to question them if the officer has a "reasonable suspicion" that the person is engaged in criminal activity. And for self-protection, the officer can at the same time carry out a limited pat-down search for weapons (a "frisk"). In two cases decided in the 2000 term, the U.S. Supreme Court interpreted the "stop and frisk" rule. In one case, the Court ruled that running away from the police is enough of a reason for the police to stop and frisk the defendant. In another case the Court ruled that an anonymous tip that a suspect might be armed was insufficient justification for the police to conduct stop and frisk, absent other facts demonstrating the reliability of the tip. [Florida v. J.L., No. 98-1993 (March 28, 2000). ] How a Frisk Becomes a Legal Search -- And Possibly an Arrest When frisking a person for weapons, the police are attuned not only to the feel of possible weapons under clothing, but also to the feel of packaged drugs. Although a frisk may not turn up a weapon, it may turn up a suspicious package that the officer knows is commonly used to carry illegal drugs or some other illegal substance. This suspicion may turn into sufficient cause for a more intensive search of the person's clothing. The lesson here is that a frisk often leads to a search. And if a search produces an illegal substance, it may result in an arrest.
_______________________________