Legal Definitions - frisk

A frisk is a limited, quick pat-down of a person's outer clothing conducted by a law enforcement officer. Its primary and sole purpose is to determine if the individual is carrying a weapon or other dangerous item that could pose an immediate threat to the officer or others nearby. This action is distinct from a full search, which typically requires a warrant or probable cause and aims to find evidence of a crime.

For an officer to legally conduct a frisk, they must have a reasonable suspicion, based on specific facts and observations, that the person is armed and dangerous. The scope of a frisk is strictly limited to feeling for weapons and is not intended to discover other evidence of a crime.

Here are some examples illustrating when a frisk might occur:

• Example 1: Traffic Stop

  A police officer pulls over a car for a traffic violation. As the officer approaches the vehicle, they observe the driver quickly reaching under the seat and then sitting upright with a tense posture. The officer's observation of this furtive movement, combined with the driver's demeanor, could create a reasonable suspicion that the driver might be attempting to conceal or retrieve a weapon. To ensure their safety before proceeding with the traffic stop, the officer might conduct a frisk of the driver to check for weapons. This limited pat-down is focused purely on detecting dangerous items, not on finding evidence of the speeding offense.

• Example 2: Suspicious Activity Report

  Law enforcement responds to a credible report about an individual openly carrying a firearm in a public park, which is prohibited in that specific area. Upon arrival, officers locate a person matching the description, who is acting erratically and appears to be trying to adjust something under their jacket. The tip, combined with the individual's behavior and the visible adjustment under their clothing, provides the officers with a reasonable suspicion that the person is armed and could be dangerous. Before questioning the individual further, a frisk would be permissible to ensure the safety of the officers and other park-goers by checking for a weapon. The scope of this frisk would be limited to feeling for the presence of a firearm or other dangerous object.

• Example 3: High-Crime Area Patrol

  During a late-night patrol in a neighborhood known for armed robberies, an officer observes an individual walking quickly down a dark alley, repeatedly adjusting a large, heavy-looking bulge in their waistband. The individual also avoids eye contact and changes direction abruptly when they see the patrol car. The combination of the location, the time of night, the individual's suspicious movements (adjusting a bulge in the waistband), and their evasive behavior provides the officer with a reasonable suspicion that the person might be carrying a weapon and could pose a threat. A frisk would be justified to quickly determine if the bulge is indeed a weapon, thereby ensuring the officer's safety before any further interaction.