An Introduction to the Terry Stop

The Terry stop is a fundamental concept in United States criminal law. It originates from the 1968 Supreme Court case Terry v. Ohio, where the Court ruled that police officers can stop and question individuals based on reasonable suspicion, even without a warrant or probable cause. While this ruling gave law enforcement the ability to detain individuals for brief periods, it also sets strict limits on their actions.

In this blog post, we’ll dive into what a Terry stop allows police officers to do, the constitutional safeguards involved, and actions that could violate the principles set forth in Terry v. Ohio.

What is a Terry Stop?

A Terry stop, also known as an investigative stop or stop-and-frisk, occurs when law enforcement temporarily detains an individual based on reasonable suspicion of criminal activity. Unlike arrests, which require probable cause, a Terry stop is based on a lower standard of reasonable suspicion.

The Terry v. Ohio, 88 S.Ct. 1868 (1968) U.S. Supreme Court case established this legal precedent. In this landmark decision, the Court ruled that if a police officer has a reasonable suspicion that a person is engaged in criminal activity, they can stop and question the individual. If the officer believes the person might be armed and dangerous, they may also conduct a limited frisk or pat-down for weapons. However, the stop must be brief and the officer’s actions must be reasonable under the circumstances.

The Legal Basis for a Terry Stop

The Terry stop is rooted in the Fourth Amendment of the U.S. Constitution, which protects individuals from unreasonable searches and seizures. Terry v. Ohio clarified that all stops or searches require a warrant or probable cause. The Court acknowledged that in certain situations, law enforcement must have the flexibility to stop individuals quickly to investigate possible criminal activity, particularly when public safety is at risk.

However, the stop must still adhere to certain legal standards including:

• Reasonable Suspicion: The officer must have a reasonable belief, based on the circumstances, that the individual is involved in criminal activity. Reasonable suspicion is more than just a vague hunch or unparticular suspicion. It requires specific and articulable acts that would lead a reasonable officer to suspect criminal activity. The facts could include the individuals behavior, location, or other observable circumstances.
• Duration and Scope: A Terry stop must be brief and limited to investigating the specific suspicion. If the actions exceed what is necessary to address the suspicion, the stop could become unlawful.

What Can Police Officers Do During a Terry Stop?

While a Terry stop allows officers to stop and question a person, their actions during the stop must be carefully limited to the investigation of the reasonable suspicion. Here are key actions that law enforcement can take during a Terry stop:

• Brief Detention: Officers can stop an individual and ask questions to determine if there’s reasonable suspicion of criminal activity. The detention must be brief, and the individual should not be held longer than necessary to resolve the suspicion. If the officer’s suspicion dissipates, the person must be allowed to leave.
• Questioning: During the stop, officers are allowed to ask questions related to the investigation. This may include asking for identification, questioning about the individuals activities, or any other information relevant to the suspicion. The individual is not required to answer questions, but refusing to answer may not necessarily stop the detention.
• Frisk for Weapons: If the officer has a reasonable belief that the individual may be armed and dangerous, they are allowed to conduct a limited frisk or pat-down for weapons. This is intended to ensure the officer’s safety during the stop. The frisk should be limited to outer clothing and should only be done if there is a reasonable concern for safety. The officer cannot use the frisk to search for evidence of a crime beyond weapons.
• The Plain Feel Doctrine: During a frisk, if the officer feels something that is immediately recognizable is illegal contraband (such as drugs or a weapon), they may seize it without a warrant. This is based on the plain feel doctrine, which is an extension of the plain view doctrine used in searches.

Limitations to Police Action During a Terry Stop

While the Terry stop grants police certain powers, their powers are not unlimited. The stop must be reasonable, and law enforcement must act within the bounds of the Constitution. Actions that can lead to a violation of a Terry stop can include:

Improper Detention Length

A Terry stop is meant to be brief. If the detention lasts to long or if there is no valid reason for extending it, the stop may be considered an unlawful seizure. In Dunaway v. New York, 99 S.Ct. 2248 (1970), the Court held that a person’s detention cannot exceed the time necessary to confirm or dispel the officer’s reasonable suspicion.

One of the restrictions the Court noted in Dunaway is that the police may not move a suspect from the place of the stop to a police station on the basis of reasonable suspicion without the stopped person’s consent. The Supreme Court has made it clear the transfer of a stopped person from the scene of the stop to a police station requires probable cause.

Unreasonable Searches

If the officer goes beyond a limited frisk for weapons and begins searching for evidence of a crime, that could be a violation of the Fourth Amendment. In Minnesota v. Dickerson, 113 S.Ct. 2130 (1983), the Supreme Court ruled that if an officer feels an object during a frisk that isn’t immediately identifiable as a weapon or contraband, further manipulation of the object to determine what it is, violates the Fourth Amendment.

If an unreasonable search uncovers incriminating evidence, such evidence is subject to suppression under what is known as the Exclusionary Rule.

Lacking Reasonable Suspicion

The officer must be able to articulate specific facts that justify the stop. In United States v. Sokolow, 109 S.Ct. 1581 (1989), the Court affirmed that officers need to base their reasonable suspicion on facts that are more than just a vague or unparticular hunch. If the officer cannot explain why they suspected criminal activity, the stop could be deemed unlawful.

Detaining Passengers

If police stop a vehicle, they are generally permitted to question the driver and passengers about their identity and involvement in a crime. However, in Arizona v. Johnson, 129 S.Ct. 781 (2009), the Court ruled that officers can only detain passengers for questioning if there’s a reasonable suspicion that they are involved in criminal activity. A passenger cannot be detained solely because of the presence of reasonable suspicion against the driver.

Unlawful Use of Force

If the officer uses force that is excessive or disproportionate to the situation, it can be considered an unlawful seizure. The Court clarified in Tennessee v. Garner, 105 S.Ct. 1694 (1985) that deadly force may only be used if the officer has probable cause to believe that the suspect poses a threat of serious harm to the officer or others.

My Final Thoughts

A Terry stop is a critical tool that allows law enforcement to investigate possible criminal activity while balancing the protection of individual rights. However, the use of a Terry stop is not without limitations. Police officers must have a reasonable suspicion that a crime is occurring, and they must conduct the stop in a manner that is brief and non-intrusive. Actions that go beyond these boundaries can result in a violation of constitutional rights. Understanding the principles behind Terry v. Ohio is crucial for both law enforcement and citizens to ensure that stops are conducted fairly and legally.

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