18.4 Stop and Frisk

Centreville Police Department Title: Stop and Frisk Directive #: 18.4 Issued: 10.1.2016 Revised: 10.1.2016 Approved by: Charles M. Rhodes, Jr.

Chief of Police A. Policy Officers may conduct a stop and frisk in compliance with the law and this directive.

B. Procedures

1. Legal Considerations

a. Stop and frisk permits an officer to conduct a carefully limited examination of a suspect's outer clothing to discover and seize a dangerous or deadly weapon.

b. A search is permitted when:

(1) it is reasonably suspected that an individual has committed, is committing, or is about to commit a

crime; or

(2) the individual is reasonably suspected to be armed and dangerous; and

(3) immediate action must be taken to protect law enforcement personnel or the public.

c. Both the "stop" and the "frisk" must be supported by reasonable and articulable suspicion;

generalized suspicion or a mere hunch are not sufficient.

2. Reasonable Suspicion

a. The following circumstances (not all-inclusive) may be used to justify a stop:

(1) The appearance or demeanor of the suspect.

(2) The actions of the suspect.

(3) The time of encounter.

(4) The location of the encounter.

(5) The age and sex of the suspect.

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(6) Bulges in the suspect's clothing which may suggest a concealed weapon.

(7) The suspect's proximity to a known crime scene.

(8) Prior knowledge of the officer (e.g., suspect’s record, information from a third party).

3. Stopping

a. When reasonable suspicion is established and the officer decides to stop the suspect, he will:

(1) Be clearly identified as an officer (e.g., in uniform or announcing he is an officer and displaying his

badge or other identifying items).

(2) Respect the rights of the suspect.

(3) Question the suspect.

(a) Although an officer may approach any person and speak to him, unless there is reasonable

suspicion or evidence that the person is engaged in criminal activity, an officer has no authority to stop and detain him or demand identification.

(b) If the suspect refuses to answer questions or identify himself, he may be questioned further

but may not be unduly detained or deprived of his freedom of movement in any significant way unless the officer has probable cause for an arrest.

(c) The failure or refusal to answer questions does not bar a frisk if the officer reasonably suspects

may be carrying a weapon.

4. Frisking

a. The following circumstances (not all-inclusive) may be used to justify a frisk:

(1) The type of crime and whether a weapon was used.

(2) Reasonableness of the officer's fears for his safety or the safety of others.

(3) When there is more than one suspect, or where the officer does not have help close at hand, the

situation may create increased danger.

(4) Any of the criteria in (2), above.

b. If the officer has reasonable suspicion that the person stopped is in possession of a weapon, he may frisk him.

c. The frisk that is permissible is limited to a patting down of the suspect's outer clothing for the discovery of such weapons and for no other purpose.

Page 2 of 3 d. If the frisk leads to reasonable suspicion that the suspect has an object on his person that could be a weapon, the officer may search that part of the suspect's clothing but he may not search any further.

e. If the frisk fails to disclose evidence of an offensive weapon, no further search may be made.

f. If the frisk reveals a weapon, the suspect may be arrested and a complete search may be conducted.

g. If the officer feels what he believes to be a weapon but that item is contraband, it may be seized and the person may be arrested.

h. If, while conducting the frisk, the officer feels something that he immediately recognized to be contraband, he may remove the item and, if it is contraband it may be seized and the person may be arrested.

5. Reporting

a. Any officer who conducts a stop and frisk will, by the end of his shift, complete:

(1) a Field Interview Report

(2) any related field reports necessary as the result of the stop and frisk.

b. If a firearm is seized or discovered to be carried legally or illegally, a copy of the MSP Handgun Trace Report will be placed in the case file and the original will be sent to the MSP Handgun Permit Unit.

4. The Handgun Permit Unit will file the original and forward a copy to the Firearm Investigation Unit

which will conduct a trace of the firearm’s ownership.

5. The results of the trace will be forwarded to the officer which initiated the trace request and placed in

the case file.

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