MBE Rules · Criminal Procedure
Terry stop and frisk
Terry v. Ohio
The rule
Police may stop a person briefly for investigation based on reasonable, articulable suspicion of criminal activity. May frisk for weapons if reasonable suspicion the person is armed and dangerous. Frisk limited to outer clothing for weapons; plain feel of contraband may justify seizure (Dickerson).
In plain English
Police can stop someone if they have a good reason to think the person is up to something illegal. If they think the person might have a weapon, they can pat them down to check.
Worked example
Officer A sees the defendant pacing nervously near a store late at night. Thinking the defendant might be planning a robbery and could be armed, Officer A stops him and pats down his jacket, finding a knife.
Memory hook
Stop, frisk, but not a full search. Brief stop if reasonable suspicion, frisk only for weapons.
The trap
Students think: any suspicion justifies a frisk. Wrong, because suspicion must be specific to weapons. The actual test is reasonable suspicion of being armed and dangerous.
How examiners test it
The MBE loves: suspect in high-crime area, acting nervously. Trap: assuming frisk is valid without specific suspicion of weapons. Focus on articulable facts for suspicion.
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