Legal Definitions - frisk

Definition: Frisk means a quick pat-down search of a suspect's clothing to detect whether they are carrying a weapon or other dangerous items. The purpose is to ensure the safety of the police and others in the vicinity of the scene, not to collect evidence for trial.

The decision to conduct a frisk requires two elements:

• A reasonable suspicion that the person is armed and dangerous.
• The police are in the presence of the person being searched and would put them in danger if the person were armed, which is often used as the words of art “stop and frisk”.

The difference between a frisk and a search is that the purpose of a frisk is limited to finding weapons hidden on the suspect to ensure the personal safety of police officers. Its scope is limited to weapons and not for the discovery of other evidence. A search generally requires a search warrant, and its purpose is mainly to find evidence of illegal criminal activity.

Example 1: A police officer stops a person who is acting suspiciously and appears to be carrying a weapon. The officer pats down the person's clothing to check for any weapons. This is an example of a frisk.

Example 2: A police officer stops a person for a traffic violation and smells marijuana in the car. The officer searches the car and finds drugs. This is an example of a search, not a frisk.

These examples illustrate the difference between a frisk and a search. In the first example, the officer only pats down the person's clothing to check for weapons. In the second example, the officer conducts a search of the car to find evidence of illegal activity.