What Is a "Terry Stop" – And Is It Legal?"

 Posted on March 26, 2025 in Criminal Law

A landmark Supreme Court Case in 1968 – Terry v. Ohio – gave law enforcement legal permission to conduct a brief search without the need for probable cause. After this case, "stop and frisk" became alternatively known as a "Terry Stop."  Stop-and-frisk allows police to detain an individual based on reasonable suspicion (a step below probable cause) and conduct a minimally invasive pat-down, usually for drugs or a weapon.

This pat-down is intended to determine whether the person in question is armed or engaged in or about to engage in some form of criminal conduct. In the context of a traffic stop, the police do not necessarily need to believe anyone in the vehicle is involved in criminal activity to perform a cursory search of the glove box if there is reasonable suspicion that there is a weapon inside. As you might imagine, Terry Stop and stop-and-frisk remain surrounded by controversy.

There is a very thin line between a valid warrantless search and a violation of an individual’s Fourth Amendment rights. Critics of stop-and-frisk believe there is a disproportionate use among minorities and people of color. If you have been subjected to a Terry Stop, it is important that you relay the details to your criminal defense lawyer. When you have an experienced Rolling Meadows, IL criminal defense attorney making sure your rights and your future are properly protected, the outcome of your case is likely to be much more positive.

The Original Intention of a Terry Stop

The goal of stop-and-frisk is to intercede before a crime occurs. Two conditions must exist for a Terry Stop to be legal:

• Law enforcement must have reasonable suspicion based on facts and circumstances for the stop-and-frisk. The officer must conclude that a crime is about to be committed or that their own lives or the lives of others are in danger.
• Stop-and-frisk is limited to a brief pat-down over clothing to check for the existence of a weapon or drugs. If this pat-down indicates the person has either of these, the officer is allowed to check the suspect’s pockets.

Is Stop-and-Frisk Legal in Illinois?

In Illinois, the police do not need special permission or a warrant to conduct a Terry stop if they have reasonable suspicion. If a stop-and-frisk is performed without merit, the charges may be dismissed. If a police officer sees a person walking down the street who generally fits the description of a recent bank robber, a stop-and-frisk could be legal under these circumstances. However, if the description of the bank robber was only that he was "wearing a blue coat," this is insufficient for a Terry stop of anyone wearing a blue coat.  

What Can an Attorney Do to Counter the Admissibility of Evidence from a Stop-and-Frisk?

If a criminal defense attorney believes the police crossed the line between a valid Terry Stop and a Fourth Amendment Violation, he or she can take steps to suppress the resulting evidence by doing the following:

• Argue that there was not a specific, articulable basis for the suspicion of criminal activity
• Examine the duration and scope of the stop-and-frisk
• Review any claims of racial profiling
•  Question the officer’s experience and training
•  Request body camera footage
• Speak to witnesses who contradict the officer’s account of the stop

Contact an Arlington Heights, IL Criminal Defense Lawyer

If you are stopped and frisked by Illinois law enforcement, do not resist. Tell the officer you are choosing to remain silent, and ask if you are under arrest or free to leave. Never argue with the officer, even if you are 100 percent innocent, and stay as calm as possible under the circumstances. If the stop-and-frisk results in your arrest, contact a skilled Rolling Meadows, IL criminal defense attorney from Scott F. Anderson, Attorney at Law as quickly as possible.

Attorney Anderson has more than 25 years of experience in criminal law, both as a prosecutor and as a criminal defense attorney. He knows what the average person is up against when charged with a crime and will aggressively advocate for each client’s future and freedom. Call 847-253-3400 to schedule your free consultation.