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NOV 2020 Blues Vol 36 No. 11

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  • Blues
  • Preston
  • Investigator
  • Enforcement
  • Waller
  • Manzano
  • Multiple
  • October
  • Arson
  • Responders
NOV 2020 Blues Vol 36 No. 11

Here are some pieces to

Here are some pieces to go with this separate frisk puzzle to help justify a pat-down search: • The suspect is historically known to go armed often. • There are bulges in the area of his belt line that appear to be the outline of a firearm or edged weapon. • The suspect made a furtive motion, which the experienced officer identified as a movement commonly used by suspects to reach for, check, reposition, or prepare to take advantage of, a concealed weapon. • The movement of the suspect has revealed what appears to be a portion of a weapon concealed on his person. • A named witness said he was armed. • The crime, which you have reasonable suspicion to believe the suspect is involved in, is commonly committed with a weapon. When an officer can articulate a number of these observations, it will most likely be deemed reasonable for that officer to conduct a pat-down search of an individual for their own safety. However, few judges in a contested case will rule in favor of an officer whose only justification for the pat-down search is, “My personal policy is when I stop, I frisk.” THE INVESTIGATIVE STOP DURING A LEGAL TRAFFIC STOP Many officers have become masters at developing criminal cases that start with a traffic violation by: • Utilizing plain view to look hard and see contraband or readily identifiable fruits of a crime in plain view to develop probable cause for an arrest of the driver and the eventual search of the vehicle. • Becoming adept at identifying indicators of deception. • Legally obtaining permission to search the vehicle. • Calling a K-9 over, during the right circumstances, to conduct a walk around. When the investigative stop is attached to a legal traffic stop and a K-9 is called to the scene for a walk around, it’s important to note that in Rodriguez v. United States the court clearly ruled that the length of the business of such a stop can’t be extended to await the arrival of the K-9. Such an extension would be considered a separate seizure from the initial stop. CONCLUSION The investigative or Terry stop is the bread and butter of the patrol officer who wants to make an impact on crime in their community. Crimes will be solved, and lives will be saved. For these officers, being at the right place at the right time is owed less to luck and more to an acquired skill in the use of the valuable tool that is the Terry stop. REFERENCE Cornell Law School Legal Information Institute. Terry Stop/Stop and Frisk. ABOUT THE AUTHOR Lt. Dan Marcou is an internationally-recognized police trainer who was a highly-decorated police officer with 33 years of fulltime law enforcement experience. Marcou’s awards include Police Officer of the Year, SWAT Officer of the Year, Humanitarian of the Year and Domestic Violence Officer of the Year. Upon retiring, Lt. Marcou began writing. He is a co-author of “Street Survival II, Tactics for Deadly Encounters,” which is now available. His novels, “The Calling, the Making of a Veteran Cop,” “SWAT, Blue Knights in Black Armor,” “Nobody’s Heroes” and Destiny of Heroes,” as well as his latest non-fiction offering, “Law Dogs, Great Cops in American History,” are all available at Amazon. Dan is a member 32 The BLUES POLICE MAGAZINE The BLUES POLICE MAGAZINE 33

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