When can an officer frisk a person who has been lawfully stopped for questioning?

An officer can conduct a frisk of a person who has been lawfully stopped for questioning specifically when there is a belief that there is a danger of physical injury. This is grounded in the concept of officer safety; the frisk is meant to ensure that the individual does not possess any weapons that could pose a threat during the encounter. This authority is typically derived from the Terry v. Ohio decision, which established that if an officer has reasonable suspicion that a person may be armed and dangerous, they can perform a limited pat-down of the person's outer clothing to ensure they are not carrying any weapons.

While behavioral cues such as suspicious activity or the mere suspicion of drug possession may contribute to an officer’s overall assessment during a stop, these factors alone do not justify a frisk. The presence of a warrant is also unnecessary; the authority to frisk arises from the immediate concern for officer safety rather than a requirement for a warrant. Thus, the ability to conduct a frisk hinges on the officer’s perception of potential danger, supporting the critical principle of ensuring safety during police interactions.