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

Relax-were-all-crazy_max30
Dallasgirl uploaded the photo: "8photo", 13 minutes ago.
Patch_max30
SE851 commented on: "Scott Hill", 19 minutes ago.
Image_max30
IDEALIST submitted the article: "Moose charges Couple", 20 minutes ago.
Patch_max30
SE851 commented on: "RRcop", 21 minutes ago.
Patch_max30
SE851 commented on: "Diane", 24 minutes ago.