What is a Terry Stop

• Steven Topazio wrote this April 18, 2024 at 4:58 pm

A “Terry stop” allows law enforcement officers to briefly detain a person based on reasonable suspicion of involvement in criminal activity, even if the officer lacks probable cause for an arrest.

Here are the key points about a Terry stop:

Reasonable Suspicion: For a Terry stop to be lawful, the police officer must have a reasonable suspicion, based on specific and articulable facts, that the person has been, is, or is about to be engaged in criminal activity.

Limited Detention: The stop is temporary and limited in scope. It allows the officer to briefly detain the individual to investigate further, such as asking questions to confirm or dispel suspicions.

Pat-Down Frisk: In addition to stopping the person, if the officer has reasonable suspicion that the individual may be armed and dangerous, they can conduct a pat-down (frisk) of the person’s outer clothing to search for weapons.

Purpose: The purpose of a Terry stop is to enable officers to protect themselves and others by determining whether there is a need for further action, such as making an arrest.

Legal Standard: The standard for a Terry stop is lower than that required for a full arrest, which necessitates probable cause. Reasonable suspicion requires more than just a hunch or an unparticularized suspicion; it must be based on specific, objective facts that lead an officer to conclude that criminal activity may be afoot.

Terry stops are important tools for law enforcement in maintaining public safety and preventing crime, but they must be conducted within the bounds of the Fourth Amendment’s protections against unreasonable searches and seizures. Officers must be able to justify their actions based on reasonable suspicion when conducting a Terry stop.