What is required for an officer to lawfully conduct a frisk during a stop?

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To lawfully conduct a frisk during a stop, an officer must have a reasonable belief that the individual is armed and poses a danger to the officer or others. This standard is rooted in the principles established by the Supreme Court in Terry v. Ohio, which upheld the constitutionality of stop-and-frisk procedures.

The officer does not need probable cause to arrest or consent from the individual being frisked; instead, the threshold is significantly lower than that of probable cause. The reasonable belief standard allows officers to ensure their safety and the safety of those around them without requiring evidence of a specific crime being committed. It is enough for the officer to articulate specific facts that lead them to believe that the person may be armed, which justifies the limited search for weapons to ensure officer safety during the encounter.

Other factors such as a prior criminal record may lend context to the officer's impression but are not, by themselves, sufficient to justify a frisk.

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