What is a Terry Stop / Stop and Frisk? (69) Michael A Haber Esq Miami Criminal Lawyer

March 8, 2016 / Michael A. Haber /

Thank you for asking me “What is a Terry Stop?”

Terry Stops are also known as “Stop and Frisks”… and in FL they are codified in FS 901.151, FL’s Stop & Frisk Law.

In a nutshell this procedure give cops a mechanism to temporarily detain, and in some circumstances to even conduct a limited search (we call it an “outer garment pat down”) of objectively suspicious persons.

The rule is designed to strike a reasonable balance between curbing overzealous cops from violating citizens 4 amendment rights while also protecting society from those who present a clear and immediate danger.

The requirements are simple and 3-fold: 1) A police officer must subjectively believe that a particular person is committing, is about to commit or has just committed a crime and 2) The officer must be able to articulate her/his belief and 3) The belief must be objectively reasonable (meaning the Jane or Joe Average cop, knowing what that officer knew at that time, would agree that the person in question was, at the time committing, about to commit or had just committed a crime).

If this is the case then the cop can detain you, temporarily, and ask you questions in an effort to either confirm or dispel her/his reasonable suspicion (naturally you are free NOT to answer) and only if the officer reasonably believes that you are armed and dangerous can s/he conduct a “limited pat-down of your outer garments”.

If the cop exceeds the scope of either the temporary detention or the limited pat down then it is not a Terry Stop and it is more likely a full blown arrest (which requires the higher burden of probable cause).

At Michael A. Haber, PA “it’s all about reasonable doubt”!

Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series. Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case. Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:

Office Phone: 305-381-8686
Toll Free Phone: 1-888-SHARK-8-1
Cellular Phone / Text: 305-798-2220
E-Mail: [email protected] / [email protected]
Facebook: www.facebook.com/HaberPA
Twitter: @Sharky910
Blog: http://habercriminallaw.blogspot.com/

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Michael A. Haber

At Michael A. Haber, P.A. "it's all about reasonable doubt"! Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel. For more than a quarter of a century I have striven to make Michael A. Haber, P.A. a business that custom tailors its services to meet the needs of the client. This incorporates such things as (but is not limited to) doing my best to meet clients at their convenience (as opposed to mine), in locations and at times which are mutually convenient (sometimes at their homes, places of business, independent ground - having free wifi and excellent coffee any Dunkin Donuts always works for me - and occasionally even at odd hours), structuring fees to reasonably accommodate the parties, making myself personally available to the client as close to 24/7 as is possible and, perhaps most importantly, giving careful and comprehensive consideration to both micro and macro issues in a given case so as to be able to agree upon and effort toward a viable litigation objective. This is why I refer to Michael A. Haber, P.A. proudly providing "boutique criminal defense litigation" (being "a small company that offers highly specialized services"), and this is a large part of Michael A. Haber, P.A.'s mission statement Accordingly, Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires. Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 or Toll Free 1-888-SHARK-8-1), by cell, verbally or text (305-798-2220), by e-mail ([email protected]) on Facebook ( http://www.facebook.com/haberpa ), on Twittter, (@Sharkjy910) on AOL/IM (Sharky910), and also why I consistently add information to the public on both the Michael A. Haber, P.A. Criminal Michael A Haber PA Criminal DUI Defense Litigation Miami Blog (http://www.habercriminallaw.blogspot.com/) and with my "Webisode" series on YouTube (http://www.youtube.com/c/MichaelHaberLaw), whcih currently features 222 briegf VideoFAQ's on a variety of Criminal Defense, DUI and BUI related topics. When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.! And remember, at HaberPA, it's all about reasonable doubt!

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