When is a Terry frisk permitted according to the law?

Prepare for the SCCJA Special Basic Test with comprehensive materials and practice quizzes including flashcards and multiple-choice questions, complete with helpful hints and explanations.

A Terry frisk is a brief stop and pat-down of a person conducted by law enforcement under specific legal standards established by the Supreme Court case Terry v. Ohio. This action is only permitted when an officer has a reasonable suspicion that the person is involved in criminal activity and may be armed and dangerous.

The key requirement for a Terry frisk to be lawful is that it occurs after a lawful stop, which means the officer must have the legal justification to detain the individual for a brief questioning or inquiry. The law requires that the officer's suspicion be based on specific and articulable facts rather than just a vague hunch.

If an officer suspects that a person may be dangerous, they are allowed to conduct a limited search for weapons to ensure their own safety and the safety of others. This practice is a balance between the individual's right to privacy and the officer's need to protect themselves while performing their duties.

In contrast, the other options do not align with the legal requirements. A Terry frisk cannot be performed arbitrarily or based on a person's prior criminal record alone, nor can it be justified solely based on discovering a weapon; the initial lawful stop is the essential foundation for the legal action.

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