Monday, July 18, 2005

Roll Call


Circumstances that would justify a "Terry-Frisk

Some of the Below Listed Factors might justify a "Terry Frisk" in and of themselves. You should be able to articulate each factor that leads you to perform a frisk. Remember that a "Terry Frisk" is for Weapons. The reason for the pat down is for your safety, with the belief that there might be a weapon.


1. Hour of the stop- very late or very early. (Night time stop)

2.The absence of other traffic in the area leading to the isolation of the officer/trooper.

3.Knowledge that the area of the stop is a heightened crime area.

4.Highly erratic driving prior to the stop.

5.Additional evasive action on the part of the motorist, such as an unreasonable delay in stopping his vehicle upon being signaled to do so by the officer/trooper.

6.Other evasive action on the part of the driver or a passenger, including a full, unobstructed view of the driver or a passenger reaching under the seat in an attempt to grab something or hide something: ie, a "very pronounced" threatening gesture.

7.The occupants of the vehicle outnumbering the officer(s) present.

8.The plain-view observation of a weapon, ammunition or holster.
observing a large/suspicious bulge.

9.Absence of a driver’s license or satisfactory identification, either for the motorist or vehicle.

10.Lying to the police, for example, lying about a furtive movement.

11.Prior knowledge that the driver/occupant is armed.

12.Prior knowledge that the driver/occupant is a substantial dealer in narcotics.

13.Presence of other incriminating information about the driver/occupant.

14.The affirmative, reasonable statement by the investigation officer/trooper that he feared he was in danger.

*This is a guide. Each circumstance is unique. Being able to articulate these factors is crucial in validating your frisk.*

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