What is a Terry Stop?

What is a Terry Stop?

You get pulled over and you know all of your lights and turn signals work and you didn’t break any traffic laws. The Terry Stop law allows officers to stop you anyway, under certain circumstances. The Law’s History This little known law was solidified in 1968 when the U.S. Supreme Court upheld an Ohio traffic stop that had been challenged by the vehicle’s driver. Attorneys for the driver argued that any fruits (illegal activity) found as a result of the stop should have been thrown out of court because there had been no probable cause for the stop (such as broken tail lights or running a red light). The court disagreed and set in motion the law that now allows stops to occur as long as the officers adhere to the guidelines. When Can They Stop You? The only time officers can exercise this law is when they have a belief that a crime “has been, is being, or is about to be committed.” If the stop is later challenged, they must be able to show specific facts that led them to their actions. For example, looking like a drug dealer is not enough reason to perform a Terry stop, but knowing you are a drug dealer and seeing you place a package in your trunk, and then seeing you drive to a park known as a drug dealing spot, could possibly support a Terry stop. What About Searching Your Person? During a Terry stop, if the officer believes that you could be armed and dangerous, he is allowed to conduct a brief search of your outer-clothing for weapons. This search basically consists of patting you down. Again, if challenged, the officer will need to prove why he believed you were armed. What About Searching Your Vehicle? Officers may not search the vehicle without your permission or without a warrant; however, if they see something illegal in plain view, they can proceed with charges. During your pat down for weapons, if contraband is plainly detected, they can confiscate and charge you with it. Contraband can include drugs, tools to use drugs, or other illegal items. Final thoughts: If a Terry Stop happens, it means the officer believes you are a criminal. Remaining calm and not discussing anything with the police until you speak to an attorney could provide a more optimal outcome. You May Be Interested in: The Stop and Frisk Debate