Print

Training >> Browse Articles >> Patrol

Rate

Roll-Call Training

Jack Ryan

Body: Hypothetical: Officer Courtney observes a subject, Mr. Eubanks, who he has reasonable suspicion, (but not probable cause), to believe has been involved in the shoplifting of a can of beer. Officer Courtney stops Eubanks.

Question:

Can Officer Courtney constitutionally conduct a frisk of Eubanks, for officer safety, prior to questioning him?

Answer: No, not under the facts provided. Shoplifters are not known to carry weapons, thus, the nature of the crime would not justify a frisk. Officer Courtney would have to articulate some facts and circumstances that would lead a reasonable officer to believe that Eubanks was armed.

Some examples include a bulge that appears to be a weapon; reaching as if reaching for a weapon; the nature of the crime suspected; prior knowledge that this individual is known to carry weapons or reliable information that the suspect is presently carrying weapons.


Rate
PoliceLink School Finder

Save time in your search for a criminal justice degree program. Use PoliceLink's School Finder to locate schools online and in your area.

Get Info

* In the event that we cannot find a program from one of our partner schools that matches your specific area of interest, we may show schools with similar or unrelated programs.

Recent Activity

P9011859_max30
striker123 commented on: "Ofc Shadow", 37 minutes ago.
Photo_user_blank_big
Mick1 received the quiz result of "You passed, but just barely", about 1 hour ago.
Eagle_and_flag_max30
36TR posted in: "Sgt. Alejandro "Alex" Martinez, Willacy Co. S/O...", about 3 hours ago.
Eagle_and_flag_max30
36TR gave a thumbs down to The Topic "Sgt. Alejandro "Alex" Martinez, Willacy Co. S/O...", about 3 hours ago.
M_w_aron2_max30
GaDep6 commented on: "CaliGirl Angel", about 3 hours ago.