Also known as:pat down of the outer clothing · pat-down of the outer clothing · patdown · pat-down · Terry frisk · frisk
Written by attorneys · grounded in primary & secondary sources — see below
A limited protective search of a suspect's outer garments for weapons. The search is permitted during a lawful Terry stop when an officer has reasonable suspicion that the person is armed and dangerous. The officer may not manipulate objects beyond what is needed to detect weapons or reach inside clothing unless specific information identifies the precise location of a weapon.
Sources & Authorities· 4 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Course Outlines
How it applies
Common Examples
6
Traffic Stop Frisk of Passenger
Officer Morales pulls over a car for a broken taillight and sees passenger Pamela Phillips shifting nervously in the back seat. Morales orders Phillips out and pats down the outer clothing of her jacket and pants after noting a bulge consistent with a firearm. The patdown reveals a handgun that Morales seizes.
Anonymous Tip Lacking Detail
An anonymous caller tells police that Penelope Price is standing on a corner wearing a red jacket and carrying a gun. Officers arrive, confirm the description, and immediately pat down the outer clothing of Price's jacket. The patdown yields no weapon and the court later suppresses any evidence obtained.
Plain Feel During Patdown
During a lawful stop of Perry Pratt, Officer Torres pats down the outer clothing of Pratt's pants and feels a small hard object in a pocket. Torres immediately recognizes the object as crack cocaine by its distinctive feel and seizes it without further manipulation.
Terry Stop and Limited Frisk
Officer Ramirez watches Phoebe Park and another person repeatedly pace in front of a closed jewelry store at night while Park adjusts a bulky item under her coat. Ramirez detains the pair and conducts a patdown of the outer clothing of Park's coat, recovering a concealed handgun.
Prolonged Detention Before Patdown
Police detain Pavel Petrov at a bank ATM for nearly thirty minutes while investigating a possible robbery. After developing reasonable suspicion that Petrov is armed, officers perform a patdown of the outer clothing of his jacket and discover a pistol.
Patron Frisk Without Individual Suspicion
Officers enter a bar and pat down the outer clothing of every patron, including Piper Patel, solely because a weapon was reported on the premises. The patdown of Patel yields no weapon and the court suppresses the results of the search.
Common questions
Frequently Asked
5
When may an officer reach directly into clothing instead of first patting down the outer clothing?+
An officer may reach directly into a specific area of clothing when reliable information identifies the precise location of a weapon. The direct reach is justified by officer safety even if the tip would not support probable cause for arrest.
Does an anonymous tip that only describes appearance and location justify a patdown?
+
No. An anonymous tip that merely describes visible characteristics and location lacks the predictive information or other indicia of reliability needed for reasonable suspicion. Officers may not conduct a patdown based solely on such a tip.
Supporting sources
What is the proper scope of a patdown of the outer clothing?+
The patdown is limited to a pat of the outer garments for weapons. Officers may not manipulate objects beyond what is necessary to determine whether they are weapons or contraband immediately apparent by touch.
Supporting sources
Can a patdown occur during a traffic stop without suspicion of unrelated criminal activity?+
Yes. During a lawful traffic stop an officer may pat down a passenger's outer clothing if reasonable suspicion exists that the passenger is armed and dangerous, even without suspicion of other criminal activity.
Supporting sources
Does prolonged observation of suspicious conduct support a patdown?+
Yes. Repeated suspicious actions such as casing a store or adjusting a bulky object under clothing can supply the articulable facts needed for reasonable suspicion that a person is armed and dangerous, permitting a patdown of the outer clothing.
Supporting sources
” of the vehicle was not valid because the officers had not observed any suspicious conduct on the part of the respondent that would warrant a reasonable belief that he was armed and…
patdown
search for weapons. See
Terry
v. Ohio , 392 U. S. 1, 25-26 (1968). Dissenting — Justice Breyer Justice Breyer, with whom Justice S
outer
and Justice Ginsburg join,…
search of Besore to ensure that Besore did not have any drugs or money of his own on his person. Besore's vehicle was also searched. Once these preliminary steps were completed, Besore set…
Criminal Law & ProcedureConstitutional protection of accused persons · Arrest, search and seizureUBEIntermediate