What is the necessary burden of proof for an officer to conduct a frisk?

To conduct a frisk, an officer must have reasonable suspicion that a suspect is armed and dangerous. This standard is grounded in the legal doctrine established by the U.S. Supreme Court in the case of Terry v. Ohio, which allows police officers to stop and briefly detain a person if they believe that person may be involved in criminal activity and that they may be a threat to officer safety or the safety of others.

Reasonable suspicion is a lower standard than probable cause, which is required for making an arrest or obtaining a search warrant. It allows officers to consider the totality of the circumstances, including behavioral indicators and contextual factors that suggest the individual may possess a weapon. The frisk itself is a limited pat-down of outer clothing aimed at ensuring officer safety, not a full search for evidence of a crime. Thus, the focus is specifically on the concern that the suspect may be armed rather than on the presence of criminal activity more broadly.