In the Terry stop analysis, the two key elements are 1) involvement in criminal activity and 2) what standard to justify a pat-down?

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Multiple Choice

In the Terry stop analysis, the two key elements are 1) involvement in criminal activity and 2) what standard to justify a pat-down?

Explanation:
The key idea is that Terry stops allow a brief detention based on reasonable suspicion of criminal activity, and a protective pat-down (frisk) is allowed only if the officer has reasonable suspicion that the person is armed and dangerous. That second standard—reasonable suspicion the suspect is armed—is what justifies a pat-down during the stop. Reasonable suspicion must be based on specific, articulable facts and the totality of the circumstances, not a mere hunch. If there’s no reasonable suspicion that the person is armed, a frisk isn’t allowed; more evidence would be needed for arrest (probable cause) or for a voluntary search (consent). The plain view doctrine isn’t about frisking either; it applies when something in plain sight is observed during a lawful intrusion and is immediately usable as evidence.

The key idea is that Terry stops allow a brief detention based on reasonable suspicion of criminal activity, and a protective pat-down (frisk) is allowed only if the officer has reasonable suspicion that the person is armed and dangerous. That second standard—reasonable suspicion the suspect is armed—is what justifies a pat-down during the stop. Reasonable suspicion must be based on specific, articulable facts and the totality of the circumstances, not a mere hunch. If there’s no reasonable suspicion that the person is armed, a frisk isn’t allowed; more evidence would be needed for arrest (probable cause) or for a voluntary search (consent). The plain view doctrine isn’t about frisking either; it applies when something in plain sight is observed during a lawful intrusion and is immediately usable as evidence.

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