When can an officer conduct a Terry frisk?

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A Terry frisk, also known as a stop-and-frisk, is a limited pat-down for weapons that allows law enforcement officers to ensure their safety and the safety of others during a stop. The key requirement for an officer to conduct this type of search is the presence of Reasonable Articulable Suspicion (RAS) that the person involved is armed and poses a threat. This means that the officer must have specific facts or circumstances that suggest the individual may be dangerous or in possession of a weapon.

In this context, having RAS of armed and dangerous behavior provides the necessary legal justification for an officer to take this protective measure. It is rooted in the need to balance the individual's Fourth Amendment rights against the officer's need for safety while dealing with potentially dangerous situations.

Other scenarios such as merely observing a visible weapon or having a non-compliant suspect do not sufficiently establish the legal grounds for a Terry frisk. Additionally, conducting a frisk automatically during every stop would violate the principles of reasonable suspicion, as not every stop presents a credible threat warranting such invasive action. Thus, the requirement for RAS is crucial in justifying the frisk and ensuring it is conducted lawfully.

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