If you’re like most people, you probably believe you know your constitutional rights when dealing with law enforcement – even if it’s only from watching years of episodes of the various Law & Order series. For example, you likely know that, with some exceptions, you don’t have to allow police to search your home and seize property without a warrant.
But, what if the encounter with police is on the street or some other public space? You may be uncertain about what officers can and can’t legally do without a warrant. Can they pat you down, for example?
This is widely known as “stop and frisk.” The practice gotten a lot of negative attention particularly because officers have been known to use it more commonly on non-white people. It can feel highly invasive, even though a search should occur over one’s clothing.
It started with Terry v. Ohio
The primary law on this subject dates back to a 1968 U.S. Supreme Court case that originated in our state. In Terry v. Ohio, the court determined that if police have a reasonable suspicion that someone had or was about to commit a crime, they can legally pat them down over their clothing before they continue an encounter if they also have a reasonable suspicion that they might be armed. This practice became known as “stop and frisk” or a “Terry stop/search” because of the plaintiff in the case.
In the 50+ ensuring years, the courts have provided more clarifications and specifics around Terry stops and searches. Ultimately, officers have the right to stop a person they reasonably believe has or is about to commit a crime and search them if they reasonably believe may be armed.
It’s typically in your best interests to cooperate with officers during a “stop and frisk” encounter (for example, providing accurate identification when asked for it and not trying to flee) while still firmly but politely asserting your right to remain silent and to legal representation. While this is no doubt a highly stressful experience, it’s important to remember everything that has occurred so that if you are arrested and charged with a crime, you can let your attorney know the specifics of what you’ve endured.
This is just one reason why having experienced legal guidance is crucial. If an officer(s) acted unlawfully and violated your rights, this can make a big difference in whether or not a case against you can effectively proceed.
