Stop and frisk is used by law enforcement, even though many argue that the procedure violates a person’s civil rights and promotes racial profiling. Regardless of the objections, stop and frisk was legitimized by the U.S. Supreme Court in Terry v. Ohio.

The court concluded that the Fourth Amendment does not prevent a police officer from stopping someone they reasonably suspected of committing a crime. A police officer can frisk someone if they reasonably believe that person is armed.

Proponents of stop and frisk argue that the procedure helps protect officers if a person is armed. They also argue that it helps police be proactive when they have a reasonable suspicion someone could be dangerous, armed, or committing a crime.

What Is Considered a Stop in Ohio?

A stop means that you are being temporarily detained by a police officer. Generally, the officer wants to ask you questions or investigate a possible crime. It is a stop if a reasonable person concludes they cannot leave if the officer tells them to stay or physically prevents their movement.

Police officers must have reasonable suspicion to stop someone. They cannot perform stops whenever they feel like it. They must be able to explain specific facts that led them to reasonably believe the person was involved in a criminal activity. Vague hunches and gut feelings are insufficient for a stop.

What Is Considered a Frisk in Ohio?

If an officer has a reasonable belief that you are armed or pose a threat, they can pat you down on the exterior of your clothing to search for weapons. This action is called a frisk. If the officer feels something on the outside of your clothing that is unmistakably illegal, they can extend the search.

Unfortunately, officers sometimes say they feel something even if they do not. They use the frisk to perform an illegal pat-down, which could lead them to evidence of a crime.

Examples of Reasonable Suspicion for Stop and Frisk

Reasonable suspicion is a legal standard of proof. It requires an officer to have articulable facts and reasonable inferences that lead them to believe a person has, is, or will be engaging in an illegal act.

Suppose a vehicle drives by a closed business several times late at night. The vehicle pulls into the parking lot and drives around to the back of the business, which is in a high-crime district. The driver then turns the lights off and waits. In this case, an officer may have reasonable suspicion that a burglary is about to occur.

Another scenario is, let’s say a car is parked in an area that is notorious for illegal drugs. Numerous people walk up to the driver’s window but only stay for a minute or two, reaching into the window for a few seconds before they leave. The officer may have reasonable suspicion that the driver is selling drugs or is involved in other drug crimes.

What Should You Do if You Are Stopped and Frisked in Cincinnati, OH?

It is never wise to resist an officer or resist arrest. If a police officer stops you, remain calm. Ask the officer if you are free to leave. If they say yes, let them know you are leaving and then leave. However, you must remain if the officer says you are being detained. 

Do not resist if the officer tells you he will frisk you. Also, do not touch the officer during the frisk.

You do not have to answer questions during the stop. You can tell the officer you are exercising your constitutional right to remain silent. Remember, police officers want you to talk to them because anything you say could be used against you in court.

If the officer arrests you, ask to speak with a criminal defense attorney immediately. An attorney can help you fight the criminal charges.

What Can I Do About an Illegal Stop and Frisk?

Your attorney may file a Motion to Suppress with the court. This motion argues that the search was illegal. Therefore, any evidence obtained from the illegal search will be inadmissible in court. Without the evidence collected by the police, the state may be unable to prove its case against you.

You may also consider filing a civil rights lawsuit against the police officers and the police department. A victim of an illegal stop and frisk may be entitled to compensation for violations of their constitutional rights. Because each case is different, talk with an experienced criminal lawyer about your situation.

If you believe your rights were violated, you can seek out legal representation. Call Suhre & Associates DUI and Criminal Defense Lawyers at (513) 333-0014 to schedule a free consultation.