Detention, reasonable suspicion, and the 4th Amendment
An officer, absent consent, may only pat/frisk search a person if there is reasonable suspicion to detain and reasonable suspicion to believe they are armed and dangerous
In part one we looked at a recruit officer that was given direction to conduct a pat/frisk search on every subject he contacted or face the wrath of a poor appraisal by his FTO. Consensual encounters and arrests were discussed as to their applicability to pat/frisk searches. Now we continue our examination of the direction given to the recruit by discussing detentions.
A detention exists when: