We begin with the bedrock principle that warrantless searches and seizures “are per se unreasonable under the Fourth Amendment—subject only to a few specifically established and well delineated exceptions.” Minnesota v. Dickerson, 508 U.S. 366, 372, 113 S.Ct. 2130, 124 L.Ed.2d 334 (1993) (quoting Thompson v. Louisiana, 469 U.S. 17, 19–20, 105 S.Ct. 409, 83 L.Ed.2d 246 (1984)). One of these exceptions is the Terry stop, which permits an officer with reasonable suspicion that an individual is engaged in a crime to briefly detain the individual and make “ ‘reasonable inquiries’
aimed at confirming or dispelling [the officer's] suspicions.” Dickerson, 508 U.S. at 373, 113 S.Ct. 2130 (quoting Terry v. Ohio, 392 U.S. 1, 30, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968)).
If the officer has reasonable suspicion that the detained individual is “armed and presently dangerous,” the officer may conduct a frisk, a protective patdown search of the individual for weapons. Terry, 392 U.S. at 30, 88 S.Ct. 1868.
Learn more here: Revisiting the SCOPE of Terry v. Ohio frisk/search. 9th Circuit says illegal search!, [ Ссылка ]
Anton Vialtsin, Esq.
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