When might an officer conduct a Terry frisk?

A Terry frisk is a limited pat-down search of a person for weapons, and it is based on the principle established in the Supreme Court case Terry v. Ohio. The key circumstance under which an officer may conduct a Terry frisk is when they have a reasonable belief that their safety is threatened. This often occurs when the officer suspects that the individual may be armed and dangerous, and the frisk is intended to prevent potential harm to the officer or others in the vicinity.

An officer’s assessment of the situation, including the behavior and demeanor of the suspect, plays a crucial role in justifying the frisk. For instance, if a suspect is exhibiting nervous behavior or is in a situation that raises the officer's concern for safety, it provides a basis for the officer to believe that a frisk is necessary to ensure their own protection.

The other scenarios mentioned do not directly justify a Terry frisk. For example, the presence of evidence or an individual smelling of drugs may suggest involvement in criminal activity but does not inherently pose an immediate threat to officer safety. Similarly, while suspect behaviors indicating intent to flee could suggest that the individual is trying to evade apprehension, it doesn’t automatically imply that they are dangerous or armed, which is required to justify a frisk for weapons.