Скачать или смотреть What is a Terry Stop and Frisk? - Huss Law PLLC

A "Terry" Stop, also known as a "Stop and Frisk", is formally known as an Investigatory Stop. A Terry Stop is a seizure under the 4th Amendment as it is a temporary restriction of a person's liberty. However, probable cause and a warrant are not necessary for a Terry Stop. Rather, police must be able to articulate a reasonable suspicion that criminal activity is afoot.

Once police establish articulable facts supporting reasonable suspicion, they can approach and temporarily detain a person. How long the detention lasts is dependent upon how long it takes the police to dispel their suspicion. During a "Terry" encounter, police may "frisk" or "pat down" the person for officer safety purposes. And if police locate any contraband during the "pat down", it may be used as evidence of a crime.

Whether police are justified in their suspicion comes down to the "reasonableness" of the facts articulated. Obviously, this comes down to police perception and other possibilities. In determining whether the police acted appropriately, the Court determines whether there was reasonable suspicion based on the totality of the circumstances, which includes an officer's training and experience level.

This is where it is crucial to retain an experienced criminal defense attorney seasoned in the 4th and 5th Amendments. A competent defense lawyer will be able to identify and properly frame these issues in a motion to suppress. If the trial court agrees that the totality of the circumstances do not support reasonable suspicion, then any evidence obtained after the unlawful search and seizure would be a "fruit of the poisonous tree" and be suppressed.

It is important to note, regardless of whether a person feels the police are justified in their actions is not relevant. And a person should cooperate by not resisting or preventing police from doing what they deem at the time is lawful. Indeed, always remain calm when dealing with the police and never provide a statement nor consent to a search.

These situations often come up in drug possession and drug sales cases. Additionally, this situation comes up in weapons offenses, including Misconduct Involving Weapons. Generally, police will develop a reasonable suspicion due to seeing the outline of drugs or weapons in a person's pants or clothing.

In this video, Tempe Arizona's Top Criminal Defense and DUI Attorney, Jeremy L. Huss, of Huss Law, PLLC, discusses the details surrounding an Investigatory "Terry" Stop and Frisk.



What is a Terry Stop and Frisk? - Huss Law PLLC
What is a Terry Stop and Frisk?
Terry Stop and Frisk
Terry Stop and Frisk? - Huss Law PLLC
What is a Terry Stop
Stop and Frisk
what is a terry stop-and-frisk? - huss law pllc
what is a terry stop-and-frisk?
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terry stop and frisk? - huss law pllc
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