Legal Definitions - Terry stop

A Terry stop refers to a brief, temporary detention of a person by law enforcement officers when they have a reasonable suspicion that the individual has committed, is committing, or is about to commit a crime. This type of stop is named after the landmark U.S. Supreme Court case Terry v. Ohio.

For an officer to conduct a Terry stop, their suspicion must be based on specific, articulable facts and rational inferences drawn from those facts, rather than just a hunch or generalized suspicion. During a Terry stop, an officer may ask questions to confirm or dispel their suspicion. If the officer also has reasonable suspicion to believe the person is armed and dangerous, they may conduct a limited pat-down (often called a "frisk") of the person's outer clothing solely to check for weapons. The duration of a Terry stop must be brief and no longer than necessary to investigate the suspected criminal activity.

Here are some examples illustrating a Terry stop:

• Example 1: Suspicious Activity Near a Burglary Scene

  Police respond to an alarm at a jewelry store in the early hours of the morning. As they approach, they see a person quickly walking away from the store, looking over their shoulder repeatedly, and carrying a duffel bag that appears heavy. The officers have a reasonable suspicion that this person might be involved in a burglary. They can initiate a Terry stop to briefly detain the individual, ask them about their presence in the area, and inquire about the contents of the bag. If, during this interaction, the officers also have a reasonable belief that the person might be armed (e.g., they see a bulge in their pocket consistent with a weapon), they could conduct a pat-down for officer safety.

• Example 2: Matching a Suspect Description

  A convenience store clerk reports a robbery, describing the suspect as a tall man with a distinctive tattoo on his neck, wearing a red hoodie, who fled on foot down a specific street. Minutes later, an officer patrolling a few blocks away spots a man matching this exact description, including the tattoo and clothing, walking quickly in the direction the suspect fled. The officer has reasonable suspicion to believe this individual might be the robbery suspect. The officer can conduct a Terry stop, briefly detaining the man to ask for identification and inquire about his recent activities. If the officer has reason to believe the suspect might still possess a weapon from the robbery, a pat-down for weapons would also be permissible.

• Example 3: Observing Potential Drug Dealing

  Officers are patrolling a park known for illegal drug transactions. They observe two individuals standing together. One person quickly hands a small, unidentifiable package to the other in exchange for cash. As soon as they see the police vehicle, both individuals quickly separate and begin walking in opposite directions, avoiding eye contact. Based on their training and experience, and the context of the location, the officers have reasonable suspicion that a drug transaction just occurred. They can initiate a Terry stop on one or both individuals to briefly detain them, ask questions about what they were doing, and investigate the potential drug activity. A pat-down would only be permissible if there was also reasonable suspicion that the individuals were armed and dangerous.