Ohio Peace Officer Training Academy (OPOTA) Practice Exam

What must be established before a Terry Pat Down/Frisk?

1. Consent from the suspect

2. Reasonable suspicion that the suspect is armed and poses a threat

3. Presence of a supervisor

4. Identification of the individual involved

The correct answer is: Reasonable suspicion that the suspect is armed and poses a threat

For a Terry Pat Down or Frisk to be legally justified, there must be reasonable suspicion that the individual is armed and poses a threat to the safety of the officer or others. This standard is rooted in the Fourth Amendment, which protects against unreasonable searches and seizures. The concept was established in the Supreme Court case Terry v. Ohio (1968), where the Court ruled that law enforcement officers may conduct a limited frisk of a person's outer clothing for weapons if they have a reasonable suspicion based on specific and articulable facts. Reasonable suspicion is a lower standard than probable cause and allows officers to act based on the circumstances they observe at the moment, which may include the individual’s behavior, location, and the context of the encounter. This ensures that officers can take necessary precautions for their own safety and that of the public when they believe someone may be armed and dangerous. The other options do not satisfy the legal standard required for a frisk. Consent is not necessary to conduct a Terry stop, as reasonable suspicion is sufficient. The presence of a supervisor is not a prerequisite for this type of encounter, and identification of the individual, while important for many law enforcement purposes, does not establish the necessary basis for conducting a pat-down.