PURPOSE

The purpose of this policy is to provide guidelines to troopers regarding the proper procedure for conducting a stop and frisk.

POLICY

All members to the San Andreas State Police should be familiar with the following terms and concepts. It should be noted that a proper "stop" will not automatically authorize a "frisk". Troopers must be able to articulate the "reasonable suspicion" required for a "stop" independently and separately from the "reasonable fear" required to "frisk".

THE STOP

Under San Andreas statute, there are six rules for the stop:

• The trooper must identify themselves as a law enforcement officer.

• The stop must occur in a public place.

• The trooper must reasonably suspect that the person is committing, has committed or is about to commit a crime. This quantum is not the same as probable cause to arrest; it is less than that, but more than "mere suspicion". 

  • A person loitering in a high crime area late at night or jogging near a building site already burglarized might, in view of the officer's experience, produce reasonable suspicion. The courts have ruled that the tip of an untested informant, while not giving reasonable grounds for arrest, would give reasonable suspicion for a stop and frisk if the informant can provide a reasonable account of how they obtained the information.

• The trooper may demand the person's name, address and explanation of their conduct. However, if the person states, "I do not wish to say anything to you, even identify myself", and causes no trouble at all, and there is no further information or facts which could lead the officer to "probable cause", the trooper must allow the person to go.

• The temporary detention for questioning must be in the vicinity of the initial stop. It may, for example be out of the rain, but not at the station six miles away.

• The questioning may only be for a reasonable length of time. This will vary in different circumstances, but must include enough time to do the necessary tasks in relation to the stop.

THE FRISK

For a frisk to be warranted, the trooper must reasonably suspect that they or another is in danger of physical injury from that person. The trooper is then entitled to conduct a limited search for weapons or objects which might be used as weapons. This means a pat-down of the person's outer clothing and nothing more, unless an object is felt which might be a weapon. The frisk shall not be an excuse to search for evidence.

If the trooper finds a weapon or dangerous instrument, it may be taken. Upon completion of the questioning, the trooper must return the weapon or object if its legal unless, based on probable cause, they decide to arrest the person. Once there is an arrest, a complete search incident to arrest may be done.

Original SOP: 12/01/2024
Revised: