NCJ Number
84281
Date Published
1981
Length
16 pages
Annotation
Factors likely to establish 'reasonable' cause for stopping and frisking persons are identified, and proper procedures for conducting a stop and frisk are described.
Abstract
Descriptions and examples are provided for the following levels of officer intrusion: (1) voluntary conversation, not necessarily crime-related; (2) inquiry regarding possible criminal conduct; (3) forcible stop and minimal detention to investigate possible criminal activity; and (4) forcible stop and arrest for commission of criminal activity. Areas of consideration listed as likely to be considered in determining the reasonableness of a stop and frisk action are the suspect's appearance and action, officer's prior knowledge about the suspect, demeanor during questioning, area of the stop, time of day, police training and experience, source of the information occasioning a stop, and police purpose in the stop. Factors that can justify the stopping of a vehicle are also listed. Procedural requirements for a stop focus on officer's identification, degree of force authorized, use of weapons for protection, temporary removal of personal property, and ordering a motorist out of a vehicle after a lawful stop. The discussion of the questioning phase deals with the significance of the person's refusal to answer, request for identification, applicability of the Miranda warnings, where conducted, and duration of detention for the purpose of questioning. The discussion of the procedural requirements of a frisk considers a frisk inside outer clothing, frisk of personal property, automobiles and their occupants, companions, frisking before questioning, and the admissibility of evidence obtained.