To frisk a stopped suspect, an officer must reasonably suspect that the suspect is:

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The key idea here is that a frisk (a quick pat-down for weapons) is allowed only when the officer reasonably suspects the person is armed and dangerous. That safety-protective step is triggered by the belief that the suspect may be armed, not by the suspect’s involvement in crime or by the weapon’s legal status. So the best answer is that the officer must reasonably suspect the suspect is armed.

If the person is unarmed, a frisk isn’t justified on that basis. Even if someone is carrying a weapon legally, the frisk can still be allowed if the officer reasonably believes the weapon is present and the person may be dangerous, because the concern is the potential for immediate threat, not the weapon’s legality. Involvement in a non-violent crime doesn’t address whether the person is armed, so it doesn’t justify a frisk.