MCOLES State Licensing Practice Exam

What is required before a Terry pat-down can be performed?

1. Consent from the suspect

2. Articulated reasonable suspicion

3. A warrant for arrest

4. Witness to the crime

The correct answer is: Articulated reasonable suspicion

A Terry pat-down, also known as a stop-and-frisk, is a brief, limited search of a person for weapons conducted by law enforcement officers based on specific legal standards. For a Terry pat-down to be justified, officers must have articulated reasonable suspicion that the individual is involved in criminal activity and that they may be armed and dangerous. Articulated reasonable suspicion means that the officer has a specific and articulable basis for fearing that the person may pose a threat. This is distinct from a mere hunch or unparticular feeling; the officer must be able to articulate the facts and circumstances that led to their suspicion. This legal standard protects citizens' rights while allowing law enforcement to ensure their safety and the safety of others in potentially dangerous situations. Other options are not necessary for justifying a Terry pat-down. For instance, while consent may be beneficial in certain encounters, it is not a requirement for the pat-down to proceed as long as reasonable suspicion exists. Similarly, a warrant for arrest is not needed in these situations, as the stop-and-frisk is based on the suspicion alone. Lastly, having a witness is not a prerequisite; the officer's own observations and the situation itself can provide the grounds needed for the encounter. Therefore, the