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Terry Stop and Frisk and Supervisor

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  • #16
    I think there are a ton of different ways you could articulate a Terry Frisk. On some of them you may lose the search if you find something. Big deal. The purpose was to keep you safe, not to build a case.

    If you're going to search the vehicle, what are you searching for? 99% of the time your answer is drugs or weapons. Either way, you can easily and in good faith articulate a frisk if you think there are drugs or weapons in the car.

    But no, someone being nervous is not enough to believe they have a weapon, and it certainly shouldn't be articulated in that way. Also, having a blanket policy to frisk EVERYONE is a terrible idea if you ask me. That has the potential to get every single search thrown out. I could see a defense attorney asking you "Would you frisk your 90 year old grandma? Would you frisk my 4 year old daughter?" EACH search/frisk should be articulated individually.

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