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Stop and Frisk of Juveniles

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phacker

Junior Member
Florida

My son has been stopped and frisked twice by county police in Florida, once in mid day and once at night. My question is under what law do police have the right to stop juveniles who are walking in their own neighborhoods. As there is no curfew in our county, what right to police have to stop kids walking about in the wee hours? And do they have the right to frisk them even if their only "crime" is that they are out after the time a police officer feels is reasonable for them to be on the streets? Also, when does an intrusive frisk become a Fourth Amendment violation? If no drugs are found on a person after two frisks but a third frisk reveals them, is the police officer engaging in a Fourth Amendment violation and is the evidence still admissible?What is the name of your state (only U.S. law)?
 


tranquility

Senior Member
The police may detain a person when they have a reasonable suspicion that a crime has been or is occurring. They may frisk that person for weapons if they have a reasonable fear for their safety. They may search the person when they have probable cause to believe they will find evidence. Beyond this could be a violation of the fourth amendment.

Each of those words have great meaning and books are written on them. But, fourth amendment is almost always a question which is based on the totality of the circumstances. That is, *all* the facts available to the officer. It is very hard to see all the facts from outside the situation and listening to only one side of the story, especially when that one side is trying to not get into trouble from the telling of the story.
 

CdwJava

Senior Member
My son has been stopped and frisked twice by county police in Florida, once in mid day and once at night. My question is under what law do police have the right to stop juveniles who are walking in their own neighborhoods.
There are a couple of theories that leap to mind: a consensual contact where they get out and talk without a detention, and, a detention based on articulable, reasonable suspicion that criminal activity is afoot.

As there is no curfew in our county, what right to police have to stop kids walking about in the wee hours?
See above.

Perhaps you can call the police and ask them.

And do they have the right to frisk them even if their only "crime" is that they are out after the time a police officer feels is reasonable for them to be on the streets?
The police may "frisk" a person for weapons any time they can articulate a belief (even a very slender one) that the person may be carrying weapons. They may also do so by consent. "Mind if I check you for weapons?" ... most people grant their permission.

Also, when does an intrusive frisk become a Fourth Amendment violation?
When it is conducted without cause or consent, or it exceeds the scope of a "Terry frisk" for weapons. The usual remedy is the suppression of evidence. If there is no evidence, there is often no easy remedy.

If no drugs are found on a person after two frisks but a third frisk reveals them, is the police officer engaging in a Fourth Amendment violation and is the evidence still admissible?
A "frisk" is not a search for drugs and finding drugs during a pat-down search for weapons is rare. Assuming that your son was caught for drugs - or you believe he might be - his attorney can address the situation. Search issues are very situation specific and will require an understanding of what the officer believed at the time fo the search as well as the totality of the circumstances.

If your son is carrying dope, perhaps you need to address this situation with him rather than getting angry with the cops.

- Carl
 

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