FL Criminal Trial Specialist Practice Questions - Florida Bar Board Certified - Criminal Trial Exam

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Officers stop a car for a broken taillight. Smelling nothing and seeing nothing incriminating, an officer asks the driver to step out and immediately frisks him without any articulable basis to believe he is armed and dangerous. A handgun is found. Under the Fourth Amendment, is the frisk lawful?

No, because a frisk under Terry v. Ohio requires reasonable suspicion that the person is armed and dangerous Yes, because ordering the driver out of the car during a lawful stop automatically authorizes a frisk Yes, because any traffic stop creates probable cause to search the occupant No, but only because the officer lacked a warrant to search the vehicle

Correct Answer:

No, because a frisk under Terry v. Ohio requires reasonable suspicion that the person is armed and dangerous

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