The landmark case law decision Terry v. Ohio grants a peace officer the authority to conduct a pat down or "Terry frisk" of a subject's outer garments for weapons, assuming the subject was lawfully detained and the officer can articulate a reasonable belief that the subject may be armed. That being said, the focus of this article is not on the legal justification for a pat down but rather how to safely and effectively search a subject for weapons.
Visual searches, pat downs, and custodial searches are conducted by officers on a daily basis, often several times per day. Failing to locate a single concealed weapon can have tragic consequences. When searching for weapons, anything other than absolute perfection is unacceptable. With this in mind, let's re-examine the fundamentals of weapon detection.
Visual search
When you're contacting someone, focus on their hands initially. Is one hand hidden from view? Could the subject be "palming" a weapon, waiting for an opportunity to attack you? Why does the subject keep touching the front waist area of his pants? Is he trying to keep his baggy pants from falling around his ankles or is he adjusting that cocked and locked pistol? Remember, hands kill.
The visual search is nothing more than a quick assessment that should be made while approaching the subject or as the subject approaches you. It's important to consider the lethality of non-traditional weapons such as an umbrella or screwdriver. Sometimes officers take these items for granted, but they can kill you the same as a firearm or knife. Of course if the subject is holding something in his hands that could be used as a weapon, order him to drop the item, while maintaining distance and drawing your firearm if appropriate.
Once you're confident that the subject you're dealing with is not holding a deadly weapon in his hands, it's time to direct your attention to his clothing and mannerisms. Is the subject wearing a bulky jacket in July, when everyone else in the area is wearing a t-shirt, shorts, and flip flops? Is the subject's shirt un-tucked as a fashion statement or because he's concealing a gun in his waistband? Is that a cellular phone or a revolver secreted in the subject's pants pocket? Why is the subject's "head on a swivel"?
During a visual search, look for telltale signs that a subject is armed, such as the weapon "printing" through his shirt. Printing refers to a weapon, typically a firearm, distorting the fabric of a garment to reveal the shape of the weapon. A more obvious example of printing would be to wear a thin white t-shirt over a black handgun. In this case, the actual firearm, as opposed to just the silhouette would be visible. Also look for unusual bulges in pockets or the waist area, which might indicate the presence of a weapon. If you see what appears to be a weapon, order the suspect into a prone position and monitor his hands until you can safely conduct prone handcuffing.
Pat down
Before conducting a pat down, it's smart to have a cover officer present, since oftentimes the fight is on as soon as you touch the subject. If you're alone, direct the subject to sit and keep his hands in view until a cover officer arrives. Having him cross his ankles will make it that much more difficult for him to stand and flee or assault you. Of course, if the subject refuses to comply, that's a huge red flag.
With a cover officer present, direct the suspect to face away from you and interlace his fingers behind his head. When he complies, grab his hands so that you have secured at least two fingers of the same hand. This ensures you have at least one finger of the other hand as well. Although the subject could pull his hands apart from this position, it probably won't be easy for him. Once you've secured his hands, order him to widen his stance, as you place the outer portion of your thigh (opposite the hand you grabbed with) against the back of the suspect's leg. Use your searching hand to push forward on the small of the subject's back. This bows the suspect back, and effectively off-balances him, allowing you to search one side of his body from the pant pockets up. This search position is sometimes referred to as the "standing modified". Before releasing your grip of the suspect's hands, start to establish the same type of grip on his hands with your other hand. Keep him bowed back as you switch your stance and search the other side of his body.
When conducting a pat down or custodial search, you need to do so in a thorough and systematic manner to ensure that you don't miss an area or a weapon. Since the waist is widely considered the most common concealed carry location, that would be a good place begin your search. On a side note, it would behoove you to be very well-versed at handcuffing a suspect from this search position.
Custodial search
If you know a subject is going to be arrested, it's probably safest for you to handcuff and then search. The situation will dictate the type cuffing method you employ. Speed cuffing involves nothing more than securing the suspect's fingers or thumbs behind his back and applying the cuffs. You may opt to handcuff from the standing modified position, kneeling, or prone.
During a custodial search, it's a good practice to remove all of the suspect's property from his person. I was taught to carry a plastic "prisoner property bag" in my back pocket to conveniently store the suspect's personal items. As a point of caution, be sure to remove the suspect's belt prior to transport (don't ask me how I know).
Expect to find a weapon!
During any type of search, you have to expect to actually find a weapon! If not, you're not searching, but rather going through the motions of a search. When I was in the academy, I learned that some of my classmates failed a scenario because they didn't find a weapon on one of the role players. When my turn came, I searched the role players so thoroughly and for so long that they actually had to tell me to stop. That's a little over the top, but that's the mentality you have to have.
When not if you find a weapon during a search, how are you going to safely retrieve it? How will you secure it? While there is not necessarily one right way to do this, you should have a game plan in place before you feel that gun grip protruding from the suspect's waistband on your next pat down.
Always have a plan B. Never give up!