If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.

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Legal Definitions - pat-down

LSDefine

Definition of pat-down

A pat-down, also commonly referred to as a frisk, is a specific and limited type of physical inspection performed by a law enforcement officer on an individual. Its primary and sole purpose is to quickly determine if the person is carrying a weapon that could pose an immediate danger to the officer or others nearby. During a pat-down, the officer will lightly pat the exterior of the individual's clothing.

This action is distinct from a full search, which aims to find evidence of a crime. A pat-down is strictly focused on officer and public safety. If, during the patting, the officer feels an object that is immediately apparent as a weapon, or something that could reasonably be a weapon, they may then take further action, such as reaching into a pocket, to secure that item. However, the scope of a pat-down is strictly limited to identifying weapons; it cannot be used as a pretext to search for other evidence or contraband.

  • Example 1: Traffic Stop for Suspicious Behavior
    An officer pulls over a vehicle for a minor traffic infraction. As the officer approaches, they observe the driver making rapid, furtive movements as if trying to hide something under the seat. Given these suspicious actions, the officer might ask the driver to step out of the car and then conduct a pat-down. This is done to ensure the driver is not armed before further questioning, prioritizing the officer's safety based on the observed behavior, rather than searching for evidence related to the traffic stop itself.

  • Example 2: Responding to a Report of a Disturbance
    Police are called to a public park where two individuals are reportedly engaged in a heated verbal argument, with one person allegedly making threats. Upon arrival, officers separate the individuals. Before attempting to mediate or question them about the dispute, an officer might perform a pat-down on one or both individuals. This action is taken to ensure neither person is carrying a weapon that could escalate the situation into physical violence, thereby protecting everyone involved.

  • Example 3: Detaining a Suspect Matching a Robbery Description
    Following a report of an armed robbery at a convenience store, an officer spots an individual a few blocks away who closely matches the detailed description of the suspect, including clothing and physical build. Before formally arresting or extensively questioning the person, the officer would likely conduct a pat-down. This is a crucial safety measure to confirm the individual is not currently armed, given the context of a recent armed crime and the strong resemblance to the suspect.

Simple Definition

A pat-down, also known as a frisk, is a limited inspection where a law enforcement officer briefly pats down an individual's outer clothing. This action is solely for the purpose of checking for weapons to ensure officer and public safety, not to gather evidence. It is less intrusive than a full search and must not go beyond what is necessary to determine if a person is armed.

Law school is a lot like juggling. With chainsaws. While on a unicycle.

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