Prepare for the Search and Seizure Module 10 Test with comprehensive flashcards and multiple choice questions, complete with hints and explanations. Get ready to excel in your exam!

Multiple Choice

Under Terry v. Ohio, a frisk may be conducted when which condition is met?

The essential idea is that a frisk is allowed to protect the officer’s safety only when there is a reasonable belief that the person is armed and dangerous. This belief must be based on the totality of the circumstances and not on a mere hunch; it justifies a brief pat-down of outer clothing to check for weapons, not a full search. Consent to search would open the door to a search, but that’s a separate authorization, not the condition that authorizes a frisk. A suspect’s hand position alone isn’t enough to justify the frisk, unless it contributes to a reasonable belief of danger, which must be grounded in objective circumstances.

The essential idea is that a frisk is allowed to protect the officer’s safety only when there is a reasonable belief that the person is armed and dangerous. This belief must be based on the totality of the circumstances and not on a mere hunch; it justifies a brief pat-down of outer clothing to check for weapons, not a full search. Consent to search would open the door to a search, but that’s a separate authorization, not the condition that authorizes a frisk. A suspect’s hand position alone isn’t enough to justify the frisk, unless it contributes to a reasonable belief of danger, which must be grounded in objective circumstances.