MBE Rules · Criminal Procedure

Terry frisk — limits vs full search

Terry / Dickerson / Long

The rule

A Terry frisk is limited to a pat-down of outer clothing for weapons based on reasonable suspicion the suspect is armed and dangerous; it is not a search for evidence. Officers may seize non-weapon contraband only if its incriminating character is immediately apparent from plain feel (Dickerson). A frisk of the passenger compartment of a vehicle (Long) is limited to areas where a weapon could be placed or hidden.

In plain English

The frisk is a safety measure, not an evidence hunt. Manipulating a lump in a pocket to determine what it is exceeds Terry.

The trap

Confusing 'plain feel' with 'plain view' — plain feel requires immediate recognition without manipulation.

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