Police in Maryland can briefly detain (stop) and pat you down (frisk) in certain circumstances. This law is based on the 1968 case Terry v. Ohio, in which the United States Supreme Court allowed police officers to briefly detain and pat down individuals if they reasonably suspect an individual has committed a crime or is about to and is armed and dangerous.
Here is what to know about this law:
What is a legal stop?
A legal stop is when the police have reasonable suspicion to stop an individual. For example, when an officer spots someone who matches the description of someone who just committed a crime, particularly when the detailed description is combined with other circumstances, such as location and time of encounter.
One’s behavior can also create reasonable suspicion. For instance, if an individual violates a traffic law or flees a scene when they see officers. Further, police in Maryland can stop someone with bulges in their clothing that suggest a concealed weapon.
Essentially, if an officer has specific and articulable facts that support their belief, they can stop an individual. A stop based on a hunch does not constitute reasonable suspicion.
How can an individual be frisked?
A frisk is limited to the outer clothing to detect weapons. If the frisk shows the individual may be carrying a weapon on a particular body part, the officer can search that part of the clothing, not further. If they find a weapon, the suspect might be arrested and a further search conducted. If the initial pat down does not reveal a weapon, further search is generally not allowed.
The stop-and-frisk law can involve various mistakes. If you had this type of interaction with the police and believe your rights were violated, obtain more information to determine your next steps.