Question

A man walking down the street appears to have an illegal weapon. What can a police officer do?

The officer must immediately go before a judge to obtain a search warrant.
With reasonable cause, the officer can stop this individual and frisk him.
With reasonable cause, the officer can arrest the individual without reading the Miranda warning.
Nothing. The officer cannot stop anyone based on appearance alone.

Answer 1

Correct answer: With reasonable cause, the officer can stop this individual and frisk him.

Explanation in brief:
- Under Terry v. Ohio, an officer who has reasonable suspicion—based on specific and articulable facts (not a mere hunch)—that a person is involved in criminal activity and may be armed and dangerous may perform a brief investigative stop and a limited pat‑down (frisk) for weapons to ensure officer safety.
- A frisk is limited to a surface pat‑down for weapons. If the officer feels a weapon (or otherwise develops probable cause), they may seize it and may arrest the person.
- No search warrant is required for a lawful Terry stop/frisk. Warrantless arrests are also permissible when the officer has probable cause.
- Miranda warnings are required before custodial interrogation, not before an arrest or a frisk.
- Details and standards can vary by jurisdiction, and stops based solely on race or other constitutionally protected traits are unlawful.