What are the two elements required for a lawful pat down or frisk?

Prepare for the FDLE Police State Exam. Utilize flashcards and multiple choice questions. Each question comes with hints and detailed explanations. Ready yourself to excel!

The correct choice involves the requirement of being lawfully stopped and having reasonable suspicion. A lawful pat down or frisk, commonly associated with the Terry v. Ohio decision, is based on specific legal standards.

When an officer conducts a pat down, it is essential that the individual has been lawfully stopped, meaning the encounter must fall within the Fourth Amendment parameters. This typically occurs during a traffic stop or when an officer has a valid reason to detain someone temporarily.

In addition, the officer must have reasonable suspicion that the person is involved in criminal activity and may be armed and dangerous. This standard is less than probable cause but more than a vague hunch; it is based on specific and articulable facts. It allows the officer to conduct a limited search of the individual’s outer clothing to ensure they are not carrying any weapons that could pose a threat.

Thus, the combination of a lawful stop and reasonable suspicion justifies the necessity of the pat down for the officer's safety and the safety of others in the vicinity.

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