Terry Stop (Stop and Frisk)
A brief investigative detention based on reasonable suspicion — less than an arrest, but still a seizure.
What It Is
A Terry stop is a brief investigative detention authorized by Terry v. Ohio, 392 U.S. 1 (1968). It allows officers to briefly stop a person based on reasonable suspicion — a standard lower than probable cause.
If the officer also reasonably believes the person is armed and dangerous, they can conduct a limited pat-down frisk of outer clothing for weapons.
The Limits
A Terry stop must be:
- Brief — Minutes, not hours
- Limited in scope — The investigation must be related to the basis for the stop
- Minimally intrusive — Handcuffs, drawing weapons, or placing someone in a squad car may convert it to a de facto arrest
A frisk is limited to:
- Outer clothing — No reaching into pockets unless the officer feels something that’s immediately identifiable as a weapon
- Weapons only — The purpose is officer safety, not evidence gathering (though the “plain feel” doctrine allows seizure of contraband felt during a lawful frisk)
When a Stop Becomes an Arrest
If police exceed the bounds of a Terry stop — detaining you too long, moving you to a new location, using excessive force, or searching beyond a pat-down — it becomes a de facto arrest requiring probable cause. If they don’t have probable cause at that point, the arrest is unlawful.
Florida v. Royer, 460 U.S. 491 (1983) — Moving a suspect from a public concourse to a small room exceeded the bounds of a Terry stop.
Key Cases
- Terry v. Ohio, 392 U.S. 1 (1968) — Created the stop-and-frisk framework
- Florida v. Royer, 460 U.S. 491 (1983) — Stop exceeded Terry bounds
- Minnesota v. Dickerson, 508 U.S. 366 (1993) — “Plain feel” doctrine during lawful frisk
- Rodriguez v. United States, 575 U.S. 348 (2015) — Traffic stop can’t be extended beyond its purpose without additional reasonable suspicion