What is a Terry Stop?
- Steven Topazio wrote this July 11, 2025 at 3:53 pm
A Terry Stop (also known as a stop and frisk) is a brief detention by police based on reasonable suspicion that a person is involved in criminal activity. It’s named after the landmark U.S. Supreme Court case Terry v. Ohio (1968).
Is a Terry Stop the same as an arrest?
No. A Terry Stop is not an arrest, although it involves a temporary detention. Police only need reasonable suspicion, not probable cause, to conduct a Terry Stop. However, if the stop escalates, it could become an arrest—at which point probable cause is required.
What gives police the right to conduct a Terry Stop in Massachusetts?
In Massachusetts, police can conduct a Terry Stop if they have a specific, articulable suspicion based on observable facts that a person is committing, has committed, or is about to commit a crime. This standard is lower than probable cause but must be more than a hunch.
Can the police frisk me during a Terry Stop?
Yes, but only under certain conditions. Police may frisk (pat down) your outer clothing only if they have a reasonable belief that you are armed and dangerous. This is a protective measure—not a full search.
How long can a Terry Stop last?
A Terry Stop must be brief and limited in scope. While there is no strict time limit, the detention must not last longer than necessary to confirm or dispel the officer’s suspicion. Courts will look at whether the duration was reasonable given the circumstances.
Do I have to answer police questions during a Terry Stop?
No. You have the right to remain silent, even during a Terry Stop. You are not required to answer questions beyond identifying yourself if asked in certain situations. You can politely say, “I choose to remain silent” or ask, “Am I free to go?”
What should I do if I believe I was unlawfully stopped?
If you believe your rights were violated during a Terry Stop in Massachusetts:
- Remain calm and do not resist.
- Document everything you remember about the encounter.
- Contact an experienced criminal defense attorney as soon as possible.
At TopazioLaw, we help clients challenge unlawful stops and protect their constitutional rights in court.
Can evidence found during an illegal Terry Stop be suppressed?
Yes. If a Terry Stop or subsequent search is found to be unconstitutional, any evidence obtained may be suppressed under the Exclusionary Rule. This can be crucial in criminal defense cases.
How can TopazioLaw help with Terry Stop cases?
With over 30 years of experience in criminal defense, Attorney Steven J. Topazio fights to hold law enforcement accountable. We will:
- Analyze the legality of the stop.
- Challenge any evidence obtained through unconstitutional means.
- Defend your rights in state or federal court.
Understanding your rights during a Terry Stop is critical. If you or a loved one has been stopped or searched unlawfully, contact Attorney Steven J. Topazio today for a confidential consultation.