Legal Question in Criminal Law in Massachusetts

The Terry vs. Ohio decision clarified one of law enforcements most difficult issues. A police officer encountering an individual has a right to feel safe. However, the Terry case sets very clear limits. What are those limits?


Asked on 6/08/10, 11:49 pm

1 Answer from Attorneys

ERNEST BIANDO LAW OFFICE OF ERNEST T. BIANDO, LLC

A search under Terry is limited to discovering dangerous weapons that could be used against the officer. For their own protection, police may perform a quick surface search of the person�s outer clothing for weapons if they have reasonable suspicion that the person stopped is armed. This reasonable suspicion must be based on "specific and articulable facts" and not merely upon an officer's hunch. This permitted police action has subsequently been referred to in short as a "stop and frisk," or simply a "Terry stop". The Terry standard was later extended to temporary detentions of persons in vehicles, known as traffic stops.

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Answered on 6/09/10, 6:52 am


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