What Is a Terry Stop? Understanding Stop-and-Frisk in Arkansas

What Is a Terry Stop?

A Terry Stop, also known as a stop-and-frisk, is a temporary detention of a person by law enforcement based on reasonable suspicion of criminal activity. It does not require the full probable cause needed for arrest. If an officer reasonably believes the individual may be armed or dangerous, they may conduct a limited frisk of the person's outer clothing to check for weapons.

In Arkansas, Terry Stops often happen during routine traffic stops, sidewalk encounters, or street patrols. They are legally justified only if the officer can clearly articulate specific facts that led to the suspicion—not just a vague hunch.

If you were stopped by police, briefly questioned, or frisked without a warrant, you may have experienced what the law calls a "Terry Stop." Named after the 1968 U.S. Supreme Court decision in Terry v. Ohio, these stops are meant to allow law enforcement to act on reasonable suspicion without violating the Fourth Amendment—but they often sit on a legal knife's edge.

At Ludwig Law Firm, we represent individuals in Little Rock and across Arkansas who have had their rights violated through illegal searches, stops, or seizures. We also work alongside top-tier trial attorneys like Harry Warden of Warden Law Firm when a case needs both thoughtful strategy and courtroom firepower.

As always - if you have a legal question you want answered in a future blog, submit it via the form on this page. Now, let's dive in!

How Terry Stops Relate to the Fourth Amendment

The Fourth Amendment to the U.S. Constitution protects against unreasonable searches and seizures. While a Terry Stop is technically a seizure, the Supreme Court allowed it as a narrowly tailored exception to the warrant requirement.

Two key conditions must be met:

• Reasonable Suspicion: The officer must cite specific observations, not just intuition.

• Limited Scope: The frisk can only be a pat-down for weapons, not a full search or fishing expedition.

Can a Terry Stop Involve Your Vehicle?

Yes. In Arkansas, a Terry Stop may involve a vehicle if law enforcement has a legal basis to detain it. Police may also conduct a protective sweep of the passenger compartment if they believe a weapon may be accessible.

Controversy and Racial Profiling

Though Terry Stops were upheld in Terry v. Ohio, courts have also recognized the potential for abuse. In Floyd v. City of New York, a federal judge ruled that the NYPD’s stop-and-frisk tactics violated the Fourth and Fourteenth Amendments by disproportionately targeting Black and Hispanic individuals.

This kind of profiling has no place in Arkansas law enforcement. If race was a factor in your stop, your lawyer may be able to suppress any evidence that resulted from it.

You Don’t Have Time to Wait

Juvenile detention is traumatic. Your child needs a defense team that responds fast and fights for better outcomes. Call 501-838-4043 or visit ludwiglawfirm.com for immediate help.

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Disclaimer: The information provided in this blog is for general informational purposes only and is not intended as legal advice. Reading this blog or interacting with Ludwig Law Firm through this content does not create an attorney-client relationship. Every legal case is different, and you should not act or rely on any information in this blog without first consulting with a licensed attorney about your specific situation. For legal guidance tailored to your needs, please contact Ludwig Law Firm directly.

How Terry Stops Affect Criminal Cases

Terry Stops often become a central issue in criminal defense. If police acted without reasonable suspicion, or extended the stop beyond legal limits, it may be possible to:

• Suppress illegally obtained evidence

• Dismiss charges stemming from the stop

• Reveal unconstitutional patterns in law enforcement behavior

When We Partner for Complex Cases

We don’t guess. We prep every case like it’s going to trial. We also often team up with firms like Warden Law Firm, known for their trial skill and fast tactical response. When a client needs both finesse and firepower, a Ludwig and Warden partnership is the best option. Together, we give clients the full spectrum of criminal defense in Arkansas.