Terry stop
Encyclopedia
In the United States, a Terry stop is a brief detention of a person by
police
on reasonable suspicion
of involvement in criminal activity but short of probable cause
to arrest
.
The name derives from Terry v. Ohio
, 392 U.S. 1 (1968),
in which the Supreme Court of the United States
held that police may briefly detain a
person who they reasonably suspect is involved in criminal activity;
the Court also held that police may do a limited search of the suspect’s
outer garments for weapons if they have a reasonable and articulable
suspicion that the person detained may be “armed and dangerous”.
When a search for weapons is authorized, the procedure is known as a “stop and frisk
”.
To have reasonable suspicion that would justify a stop, police must be able to point to “specific and
articulable facts” that would indicate to a reasonable person that a crime
has been, is being, or is about to be committed.
Reasonable suspicion depends on the “totality of the circumstances”,
and can result from a combination of facts, each of which is by itself innocuous.
The search of the suspect’s outer garments, also known as a patdown, must
be limited to what is necessary to discover weapons;
however, pursuant to the “plain feel” doctrine, police may seize contraband discovered in the
course of a frisk, but only if the contraband’s identity is immediately
apparent.
In some jurisdictions, persons detained under the doctrine of Terry must identify themselves to police upon request. In Hiibel v. Sixth Judicial District Court of Nevada
, 542 U.S. 177, the Court held that a Nevada statute requiring such identification did not violate the Fourth Amendment
’s prohibition against unreasonable searches and seizures, or, in the circumstances of that case, the Fifth Amendment
’s privilege against self incrimination.
for the duration of a stop, driver and passengers are “seized” within the meaning of the
Fourth Amendment
.
In the interest of officer safety, drivers
and passengers
may be ordered out of the vehicle without additional justification by the officer.
Drivers
and passengers
may be searched for weapons upon reasonable suspicion they are armed and dangerous.
If police reasonably suspect the driver or any of the occupants may be
dangerous and that the vehicle may contain a weapon to which an
occupant may gain access, police may perform a protective search of the
passenger compartment.
Without a warrant, probable cause, or the driver’s consent, police may not
search the vehicle, but under the “plain view” doctrine
may seize and use
as evidence weapons or contraband that are visible from outside the vehicle.
Writing for a unanimous Court in Arizona v. Johnson
, 129 S.Ct. 781 (2009), Justice Ginsburg gives a comprehensive summary of most of the above-cited jurisprudence relating to traffic stops.
police
on reasonable suspicion
Reasonable suspicion
Reasonable suspicion is a legal standard of proof in United States law that is less than probable cause, the legal standard for arrests and warrants, but more than an "inchoate and unparticularized suspicion or 'hunch' ";...
of involvement in criminal activity but short of probable cause
Probable cause
In United States criminal law, probable cause is the standard by which an officer or agent of the law has the grounds to make an arrest, to conduct a personal or property search, or to obtain a warrant for arrest, etc. when criminal charges are being considered. It is also used to refer to the...
to arrest
Arrest
An arrest is the act of depriving a person of his or her liberty usually in relation to the purported investigation and prevention of crime and presenting into the criminal justice system or harm to oneself or others...
.
The name derives from Terry v. Ohio
Terry v. Ohio
Terry v. Ohio, 392 U.S. 1 , was a decision by the United States Supreme Court which held that the Fourth Amendment prohibition on unreasonable searches and seizures is not violated when a police officer stops a suspect on the street and frisks him without probable cause to arrest, if the police...
, 392 U.S. 1 (1968),
in which the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
held that police may briefly detain a
person who they reasonably suspect is involved in criminal activity;
the Court also held that police may do a limited search of the suspect’s
outer garments for weapons if they have a reasonable and articulable
suspicion that the person detained may be “armed and dangerous”.
When a search for weapons is authorized, the procedure is known as a “stop and frisk
Frisking
Frisking is a search of a person's outer clothing wherein a person runs his or her hands along the outer garments to detect any concealed weapons or contraband.-Stop and frisk:...
”.
To have reasonable suspicion that would justify a stop, police must be able to point to “specific and
articulable facts” that would indicate to a reasonable person that a crime
has been, is being, or is about to be committed.
Reasonable suspicion depends on the “totality of the circumstances”,
and can result from a combination of facts, each of which is by itself innocuous.
The search of the suspect’s outer garments, also known as a patdown, must
be limited to what is necessary to discover weapons;
however, pursuant to the “plain feel” doctrine, police may seize contraband discovered in the
course of a frisk, but only if the contraband’s identity is immediately
apparent.
In some jurisdictions, persons detained under the doctrine of Terry must identify themselves to police upon request. In Hiibel v. Sixth Judicial District Court of Nevada
Hiibel v. Sixth Judicial District Court of Nevada
Hiibel v. Sixth Judicial District Court of Nevada, , held that statutes requiring suspects to identify themselves during police investigations did not violate the Fourth Amendment. Under the rubric of Terry v...
, 542 U.S. 177, the Court held that a Nevada statute requiring such identification did not violate the Fourth Amendment
Fourth Amendment to the United States Constitution
The Fourth Amendment to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause...
’s prohibition against unreasonable searches and seizures, or, in the circumstances of that case, the Fifth Amendment
Fifth Amendment to the United States Constitution
The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...
’s privilege against self incrimination.
Traffic stops
A traffic stop is, for practical purposes, a Terry stop;for the duration of a stop, driver and passengers are “seized” within the meaning of the
Fourth Amendment
Fourth Amendment to the United States Constitution
The Fourth Amendment to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause...
.
In the interest of officer safety, drivers
and passengers
may be ordered out of the vehicle without additional justification by the officer.
Drivers
and passengers
may be searched for weapons upon reasonable suspicion they are armed and dangerous.
If police reasonably suspect the driver or any of the occupants may be
dangerous and that the vehicle may contain a weapon to which an
occupant may gain access, police may perform a protective search of the
passenger compartment.
Without a warrant, probable cause, or the driver’s consent, police may not
search the vehicle, but under the “plain view” doctrine
Plain view doctrine
The plain view doctrine allows an officer to seize--without a warrant--evidence and contraband found in plain view during a lawful observation. This doctrine is also regularly used by TSA Federal Government Officers while screening persons and property at U.S...
may seize and use
as evidence weapons or contraband that are visible from outside the vehicle.
Writing for a unanimous Court in Arizona v. Johnson
Arizona v. Johnson
Arizona v. Johnson, 129 S.Ct. 781 , was a recent case in which the Supreme Court of the United States held, by unanimous decision, that police may conduct a pat down search of a passenger in an automobile that has been lawfully stopped for a minor traffic violation, provided the police reasonably...
, 129 S.Ct. 781 (2009), Justice Ginsburg gives a comprehensive summary of most of the above-cited jurisprudence relating to traffic stops.
See also
- Proactive policingProactive policingProactive policing is the theory and practice of engaging criminals before they commit a crime, thereby preventing crime from taking place in the first place. Police action after receiving a complaint or call for help from the public does not constitute proactive policing...
- Stop and search, a UK equivalent.
- Search and seizureSearch and seizureSearch and seizure is a legal procedure used in many civil law and common law legal systems whereby police or other authorities and their agents, who suspect that a crime has been committed, do a search of a person's property and confiscate any relevant evidence to the crime.Some countries have...
- Stop and identify statutesStop and Identify statutes“Stop and identify” statutes are laws in the United States that allow police to detain persons reasonably suspected of involvement in a crime and require persons so detained to identify themselves to the police....