Being stopped and frisked by the police can be intimidating. Many people aren’t sure what the law allows officers to do and what rights they have in that situation. Understanding your legal protections can help you respond calmly and avoid making the situation worse.
A “Stop and Frisk,” sometimes called a "Terry stop," is a much-disputed tactic used by law enforcement to detain and pat down individuals in public without a warrant. In California, officers may conduct this type of stop only if they have reasonable suspicion that the person is involved in criminal activity, and may frisk them if they reasonably suspect the person is armed and dangerous. A frisk is not a full search—it’s only meant to check for weapons that might endanger safety.
This stop and frisk is different than an arrest, which requires probable cause and usually involves being taken into custody. In a Stop-and-Frisk, the law doesn’t give police unlimited time—they’re only allowed to detain and frisk you for as long as is reasonably necessary to confirm or dispel their suspicion that you’re armed and dangerous or involved in criminal activity.
Your Rights During a Stop and Frisk
- Right to Remain Silent -You do not have to answer questions about where you are going, what you are doing, or where you live. You can politely say, “I want to remain silent,” or “I do not wish to answer any questions.” It is okay to give them your name, date of birth and your address. That’s it. Tell the officer(s) you are exercising your right to remain silent.and then zip it.
- Right to Refuse a Search Beyond a Pat-Down - A frisk is limited to checking for weapons on the outside of your clothing. The officer cannot go through your pockets or belongings without either your consent, probable cause, or a warrant. You can calmly state, “I do not consent to any searches.”
- Right to Be Free from Excessive Force - Officers may use reasonable force to protect themselves, but they cannot use excessive or unnecessary force during a stop.
- Right to Walk Away - If the officer does not arrest you, you are generally free to leave after the stop. You can ask, “Am I free to go?” If the officer says yes, calmly walk away.
What Officers Can and Cannot Do
- They can: briefly detain you if they have reasonable suspicion, ask for identification and pat down your outer clothing for weapons.
- They cannot: search inside your pockets, bags, or phone without probable cause, a warrant, or your consent. They also cannot stop you without a valid reason, such as a vague “hunch.” Any evidence found during an unlawful Stop or Frisk may be suppressed under California’s constitutional right to privacy.
How to Protect Yourself During a Stop
- Stay calm, respectful and don’t argue. Even if you feel your rights are being violated, arguing or disrespecting can escalate the situation to the point where they will arrest you for obstructing justice or resisting arrest.
- Do not lie to the police. Lying to the police will worsen your situation.
- Make your hands visible at all times during the stop.
- Never place your hands on an officer, regardless of how they behave.
- Do not resist physically. Instead, state your objections verbally and save the legal arguments for court.
- Take mental notes. If possible, note the officers’ names, badge numbers, and the time and place of the encounter.
- Contact a lawyer immediately. If you believe your rights were violated, an experienced criminal defense attorney can help you challenge an unlawful stop or frisk.
Why Knowing Your Rights Matter
Unlawful stops and frisks can lead to illegal searches, arrests, and even criminal charges based on evidence that should never have been discovered. If the police acted outside the law, your attorney may be able to have that evidence suppressed in court, which can dramatically affect the outcome of your case. Contact one of our experienced attorneys for a no-charge consultation and learn how we can help with your defense 213-481-6811.