A stop and frisk is a somewhat controversial police tactic. It refers to when the police briefly stop an individual and conduct a pat-down.
The purpose of a stop and frisk is for the police officer to look for weapons. However, the police often take advantage of the limited nature of a stop and frisk, which can lead to violations of suspects’ constitutional rights.
If you were charged after a stop and frisk with the police, there may be certain legal defenses available to you. The best way to understand your rights is to talk to a criminal defense lawyer.
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What Is a Stop and Frisk?
A stop and frisk is a brief police interaction. It is also called a Terry stop and is authorized under the Fourth Amendment.
When the police have reasonable suspicion that a crime has been committed and that a particular suspect committed the crime, they can stop the person to conduct a further investigation. This is called a seizure.
If the police stop a suspect and reasonably believe that the suspect is armed and dangerous, they can conduct a limited patdown, which is called a frisk.
To frisk someone, the police need to reasonably believe that the suspect poses a danger to themselves or others. The frisk is supposed to be limited to a weapons search, meaning the police can only look in areas where a weapon could reasonably be hidden.
What Is Reasonable Suspicion?
Stop and frisks entirely depend upon reasonable suspicion. To stop a suspect in the first place, the police need reasonable suspicion that the suspect has committed a crime.
Reasonable suspicion is hard to define. It is more than a hunch but less than probable cause needed to arrest someone. Reasonable suspicion means that the officer has some specific facts or information upon which they could logically conclude the suspect committed the crime.
The facts or information may include:
- The police’s observations
- 911 calls
- A description of the suspect
- Witness interviews
- Video or photographic evidence
- Physical evidence
- The suspect’s demeanor
At some point during the stop, the reasonable suspicion may turn into probable cause. At this point, the police may arrest the individual. It is important to remember that both reasonable suspicion and probable cause are far less than required to convict someone of a crime at trial.
What Is an Illegal Stop and Frisk?
A stop and frisk is illegal if the police officer either doesn’t have reasonable suspicion for a stop or conducts an unreasonable frisk. An illegal stop and frisk violates the Fourth Amendment right against unreasonable searches and seizures.
An otherwise legal stop and frisk could become unreasonable and illegal if the officer:
- Conducts a prolonged or overly intrusive pat-down
- Searches an area where weapons could not be immediately accessible (like the trunk of your car, for example)
- Looks in or squeezes your pockets, unless they feel an object that could reasonably be a weapon
Unfortunately, stop and frisk laws can be convoluted. Police regularly get away with conducting unreasonable searches, especially if they ultimately find evidence of a crime. You must understand your rights so that you can intervene and assert your rights before getting frisked.
What Happens if You Are Illegally Stopped and Frisked?
There are consequences for an illegal stop and frisk. However, your attorney needs to fight for it. If your lawyer suspects that you were arrested after an illegal stop and frisk, they will file a motion to suppress.
A motion to suppress is a written request to exclude evidence from trial. The request is based on the Fourth Amendment and alleges an unreasonable search and seizure. In a motion to suppress, the defendant asks the court to exclude evidence that resulted from an illegal stop and frisk.
At the suppression hearing, the prosecution will call witnesses. Usually, witnesses who will testify include the police officer who conducted the stop and frisk and any others on the scene. The prosecutor and the defense attorney can question the witnesses about the reasonableness of the stop. A simple motion to suppress could be made in as quickly as 15 – 30 minutes, while more complicated motions may take hours.
After the court has heard the evidence about the stop and frisk, both sides will make an argument. If the judge decides the stop and frisk is illegal, they will grant the motion. The result of a granted motion to suppress commonly includes excluding all evidence that came from the stop.
For example, if the police find drugs in a suspect’s pocket after an illegal Terry stop, the judge may exclude the drugs from evidence at trial. This can make it very difficult for the prosecutor to prove a drug case. In some cases, the prosecution may have additional evidence that did not come from the illegal stop, but in others, it could result in an outright dismissal of the charges.
Contact Our Lexington Criminal Defense Lawyers for a Free Consultation
A good criminal defense attorney will pursue a motion to suppress in most cases with a stop and frisk. That’s because winning a motion to suppress can mean winning your case, and there is typically no downside to filing it, even if it is ultimately denied. Contact Suhre & Associates DUI and Criminal Defense Lawyers to schedule a free consultation.
If you’re currently facing charges, contact a Lexington criminal defense attorney at Suhre & Associates DUI and Criminal Defense Lawyers. Call us today at 859-569-4014 to schedule a initial consultation.
