Which factor must be present for a Terry frisk to be legally conducted?

For a Terry frisk to be legally conducted, it is essential that a legal stop has occurred. This principle originates from the landmark Supreme Court case Terry v. Ohio, which established that law enforcement officers must have a reasonable suspicion that a person is involved in criminal activity before making an investigative stop. This legal threshold enables officers to stop and briefly detain a person for questioning.

Once a lawful stop is established, if the officer has a reasonable belief that the individual may be armed and poses a threat to their safety or the safety of others, they can conduct a frisk, or pat-down, to ensure that the individual is not carrying a weapon. The legal stop serves as the foundation for the frisk; without it, any subsequent search would likely be deemed unconstitutional under the Fourth Amendment, which protects against unreasonable searches and seizures.

The other factors mentioned, such as an urgent situation, the presence of witnesses, or consent from the individual, are not prerequisites for conducting a Terry frisk. While these elements can play roles in the overall context of law enforcement interactions, they are not necessary conditions for the legality of a Terry stop or frisk under current legal standards.