Terry Frisk and Identifying Person without ID

Street Cop Podcast

Street Cop Training

Education

4.9 • 933 Ratings

🗓️ 9 September 2021

⏱️ 10 minutes

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Summary

In this archive episode, Dennis explains the laws around Terry Frisks and ID. Recorded on 09/26/2017. State v. Lipski, 238 N.1Super. 100 (App.Div. 1990) The Terry frisk and "intoxicated" individuals. When there are no facts or circumstances supporting a reasonable and articulable concern by the officer for his safety," the Constitution prohibits that officer from conducting a routine protective frisk, after ordering a suspected intoxicated driver out of his vehicle. The Constitution does not authorize routine patdowns "absent the officer's belief that the suspect may be armed or dangerous. When a person refuses a consent search it is legal for the officer to advise their next step or steps in pursuit for further action. See State v. Cancel 1992 / State v. Pante (1999) STATE v. PANTE | FindLaw Applying for a search warrant Contacting a K-9 Unit / The threat of calling for a dog is good to go as long as you reasonably believed you could get one. (This requires RAS but you should have it at this point). See State v. Elders 2006 and State v. Baum 2007. Have a K-9 plan mapped out before you need a dog. STATE v. ELDERS | FindLaw https://www.judiciary.state.nj.us/mcs/case_law/a1576-06.pdf?fbclid=IwAR3xp5dboQB7wh29tPhYT4l6eZGcnG2T8wRA5elMZOFVk8M-4FnJLK5eqG8 (https://www.judiciary.state.nj.us/mcs/case_law/a1576-06.pdf) State v Baum (2007) http://caselaw.findlaw.com/nj-superior-court-appellate-division/1377541.html?fbclid=IwAR1d-OxBTUmnqAsNyg1NoKeI0lWXn-oB5aLlWROaEzM2R8WGl1A4O07t2eY (http://caselaw.findlaw.com/nj-superior-court.../1377541.html) Because, during the motor vehicle stop, the officer had reasonable and articulable suspicion of drug possession at that point, he could threaten the use of a drug-sniffing dog. When there is reasonable suspicion of drugs and the threat to call for a dog is calmly given, as it was here, such a threat will not be considered coercive.

Transcript

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0:00.0	One, one, one, got the other way.
0:02.0	I don't get a way, uh-huh.
0:04.0	H-huh.
0:06.0	You trying to be a street cop?
0:10.0	Here's a few questions that I got over the past few days. I'm going to dress them all and hopefully, you know, I want to get these guys on the phone, but it's getting late and I want to go home with my family. So, it's going on. We're going to answer through these things.
0:23.0	One of the things about Terry Frisks, okay?
0:26.0	And I think that a lot of people get confused.
0:28.0	Matter of fact, even when you read Kayslaw on the stuff that we cite,
0:30.0	you'll find that the Terry Frisks that we're talking about, a lot of guys are
0:33.7	really confused with what a Terry frisk is or a pet frisk for safety, versus what a search
0:38.0	when you have probable cause or incident arrest is.
0:40.4	So guys, when you're Terry frisking somebody or a pat frisk for safety one you don't get it
0:47.2	I think it's State V Lipinski off top my head you don't let me write that down so I can make sure I add that to the
0:52.4	notes when people
0:53.2	search this state D. Lipinski. State V. Lipinski. You can't just Terry Frisk
0:59.9	everybody that comes out of the court. Different states, yes you can. New Jersey says no, there's got to be some kind of concern and reasonable suspicion that there is a somebody who's armed in danger or I think opposed a safety threat. So when you're taking it, I mean, I gotta tell you in my career,
1:14.9	I can't recall legitimately how many times I pack frisk somebody for weapons
1:19.0	like on a legitimate level and then found things.
1:22.3	A couple, you know, and I was a very active, very proactive cop.
1:26.0	So this is a pat frisk for weapons.
1:28.0	You're doing a quick running your hands over, the waistline,
1:31.0	and just making sure there's no guns or knives or anything
	...

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