Today we talk with our first returning guest for the show. Our guest shares a few unfortunate stories of frisk searches or searches incident to arrest. In short there are two times when officers perform searches of persons. The first incidence is called a Terry stop or “frisk.” A frisk search occurs when an officer has reasonable suspicion that a suspect is committing, has committed, or is about to commit a crime and the suspect may be armed. The search includes any outer articles of clothing without entering pockets and any manipulation of the clothing by the officer is permitted. This includes rolling the clothing between the officer’s fingers and seizing any weapons found for the officer’s safety. A frisk search can also be performed on consent of the person to be searched.
The second type of search is search incident to arrest. In this type of search a thorough pat-down is performed where all extraneous articles are seized and inventoried that are on the searched person.
In both instances of search the officer is looking to ensure their safety while interacting with individuals who may be armed. A quick search can eliminate misunderstandings when individuals reach into their pockets or make actions that could be perceived as reaching for a weapon.
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