What Factors Can Help to Justify a Vehicle Frisk for Weapons?

Today’s question comes from an officer in Las Vegas:
What factors can justify frisking a vehicle for weapons?

This is an important question. We’re all familiar with Terry v. Ohio, which allows officers to frisk individuals if they can articulate that the person is armed and dangerous. This standard, while not very high, requires specific, articulable facts about the individual and the situation at hand.

When it comes to vehicles, we look to Michigan v. Long, a U.S. Supreme Court case that addresses frisking vehicles for weapons. Here’s a quick background on that case:

The defendant, Long, drove off the roadway while intoxicated. When officers arrived, Long ignored commands and returned to his car. One officer restrained Long while another observed an open driver’s door and saw a knife inside. Concerned for their safety, the officers searched the vehicle further, lifting the center console, where they found marijuana. The Supreme Court upheld the search, reasoning that the officers’ actions were justified by the circumstances.

Now, let’s discuss the factors that can justify a vehicle frisk:

Key Factors for Justifying a Vehicle Frisk

1. Connection to a Weapon-Related Crime:
   If the stop is related to a crime involving weapons—such as a drive-by shooting or brandishing a firearm—the justification is straightforward. Eyewitness accounts or other evidence linking the vehicle to a weapon strengthens the case.
2. Suspicious Behavior or Furtive Movements:
   When the occupants’ behavior raises suspicion, such as sudden or furtive movements, officers need to articulate why these actions suggest a potential threat.
3. High-Crime Area:
   Conducting the stop in a high-crime area can support your decision, but it’s essential to provide specific details. For example, explain how your experience, calls for service, or known gang activity in the area contribute to your assessment. Simply stating “high-crime area” is no longer sufficient.
4. Lack of Backup:
   Officers working alone or in rural areas with limited support may consider this factor. While lack of backup alone doesn’t justify a frisk, it strengthens your case when combined with other articulable concerns.
5. Officer-to-Suspect Ratio:
   If you’re outnumbered—e.g., one officer and multiple suspects—this imbalance can be a factor in justifying a frisk.
6. Reason for the Stop:
   The nature of the stop is critical. If it involves violence or a threat of violence, courts are more likely to support a frisk of the vehicle.
7. Occupants’ Behavior:
   Disrespectful or confrontational behavior, such as refusing to comply with commands or asserting sovereign citizen beliefs, can heighten concerns about safety.
8. Access to the Vehicle:
   If occupants have ready access to the vehicle, even after being detained, this poses a potential danger. For instance, if you detain and handcuff the occupants but later release them, they could return to the vehicle, retrieve a weapon, and pose a threat.

Where Can You Search?

When frisking a vehicle, you are limited to areas where a weapon could reasonably be hidden and accessed by the occupants. Typically, this includes:

• Glove compartments
• Under seats
• Center consoles

You generally cannot search the trunk unless there’s specific evidence suggesting a weapon was placed there. Additionally, avoid searching places too small to reasonably conceal a weapon, such as a coin purse, unless you have a compelling reason to believe otherwise.

Final Thoughts

If the underlying crime involves a weapon, courts are more likely to allow a frisk, even if the weapon is not immediately accessible. Always remember that occupants may regain access to their vehicle after being detained, so articulating these safety concerns is crucial.

I hope this clarifies the factors that justify frisking a vehicle for weapons. Keep up the excellent work out there, and stay safe.

Until next time, stay safe and keep the questions coming. At Blue to Gold, we’re the gold standard in legal training for law enforcement.