In terms of legality, what must be true for a frisk to be justified?

For a frisk to be justified legally, it must be based on reasonable suspicion. This standard means that an officer must have specific, articulable facts that lead them to believe the individual may be armed and dangerous. Reasonable suspicion is a lower standard than probable cause, but it requires more than a mere hunch or instinct. This legal threshold is essential to protect the individual’s Fourth Amendment rights against unreasonable searches and seizures.

The requirement of reasonable suspicion ensures that frisks are not conducted arbitrarily but are instead based on observed behavior or specific information that suggests a potential risk. This standard helps maintain the balance between individual rights and the safety of law enforcement and the public. Other aspects, such as the setting in which the frisk takes place, while relevant, do not determine its legality as fundamentally as the presence of reasonable suspicion does.