CONSTITUTUTIONAL LAW

 

 

STOP AND FRISK

 

1.

 

a. Reasonable suspicion

b. Additional reasonable suspicion person is armed

 

2.

 

a. Pat down of the outer clothes for weapons only, passenger compartment of vehicle for weapons.

b. Plain feel is legal when the officer is legally justified in performing a frisk and in the process, feels an object which he immediately recognizes, with probable cause certainty, as evidence or contraband.

c. If container is immediately accessible to suspect as long as not locked.

d. May temporarily seize containers and return when detention is over.

 

3.

 

a. No search, but may frisk if have reasonable suspicion for detention and reasonable suspicion person is armed.

b. Need reasonable suspicion to believe armed or dangerous.

c. Having a search warrant for narcotics especially at a location where sales or manufacture of narcotics takes place gives you an automatic reasonable frisk.