Stop/Frisk

When a person is not free to leave, he/she has been stopped. If you reasonably feel that you are no longer free to walk away from the police, odds are that you have been stopped. Other ways you can determine if you have been stopped include:

• A police officer displaying a weapon
• The presence of multiple police officers
• The police physically touching you
• Threats made by the officer
• Tone of voice/use of language

Technically, in order to stop a person, the police are supposed to have specific facts, which lead to a "reasonable suspicion" that criminal activity is taking place. This reasonable suspicion may be based on the officer's personal observations, hearsay or an anonymous tip (if it is corroborated). Behavior found to create "reasonable suspicion" might include:

• Carrying inappropriate objects at odd times or places, i.e.-- walking down the street with a television set at 3:00 A.M.
• Concealing an object upon seeing a police officer
• Indications that drugs are being used or purchased
• Your appearance may also be a factor, if it matches the description of a crime suspect, or if your location is close in time and/or distance to a reported crime. These factors are particular "favorites" of the police, and are used quite frequently.

Technically, the police CANNOT stop you due to subjective impressions or their hunches. However, as most of us know, they do this anyway.
Once you have been stopped, but have not been arrested, the officer is limited in what he/she can do to you. At this time, you have the right not to say anything at all. You also have the right to say everything (which we do not advise), as long as you do not give false information. You can also ask why you have been stopped.
An officer may frisk you if he/she has “reasonable suspicion” that you are armed, or that his or her own safety is in danger. The purpose of a frisk is to find weapons, although most police officers believe merely stopping someone justifies a frisk. Some factors that can lead to a frisk include:

• A bulge around the waist
• Efforts to conceal a bulge
• Sudden hand movements toward the bulge
• Attempt to flee

The frisk should begin as a pat down outside the clothing. An officer is only allowed to reach into pockets of underneath clothing if a weapon is felt during the pat down. An officer is not justified in more thoroughly searching your person or belongings during the frisk.