41L-Stop & Frisk and Threshold Inquiries 2019

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41L-Stop and Frisk and Threshold Inquiries Policy & Procedure Page 2 of 8 certain that the individual is armed. The issue is whether a reasonably prudent person in the circumstances would be warranted in his/her belief that the officer’s safety, or that of others, was in danger.ii Investigatory "stops" by the police are considered "forcible" in contrast to "voluntary," and are, therefore, held to be "seizures" under the Fourth Amendment. The degree of force appropriate to enforce a "stop" in a particular case is dependent upon the surrounding facts and circumstances of that incident. If an officer fails to adequately enforce a "stop", it could result in the escape of a dangerous criminal or pose a serious threat to the lives and safety of other persons. Conversely, the use, display or threatened use of force to carry out an investigatory "stop", when such force was not justified under the circumstances, could result in a finding by the court that an arrest had occurred without the necessary element of probable cause and any evidence obtained as a result might be excluded. It should be noted that a premature or unnecessary "stop" could sometimes destroy a good investigation, which could have resulted in a valid arrest and a successful conviction. Police officers should never hesitate to make an investigatory stop and a necessary frisk under appropriate circumstances in order to meet the practical needs of effective law enforcement. They should avoid the indiscriminate or unjustified use of this authority. Such action is not only frowned upon by the Courts but detracts from the professional image of the police by the citizens of the community they serve. It is the policy of the Lexington Police Department that:  When an officer has reasonable suspicion of criminal activity based on specific, articulable facts and reasonable inferences an officer may temporarily stop and detain a person or vehicle; and  Once stopped, a person may be frisked for weapons only if the officer has reasonable suspicion that the suspect is unlawfully armed or has reasonable belief that the suspect is armed and dangerous. PROCEDURE A. Definitions: 1. Investigative Detention: As used in this policy, includes what is commonly referred to as "stop & frisk" and also the very similar procedures often referred to as "threshold inquiry." 2. Stop & Frisk: The warrantless stopping, questioning and frisking of suspicious persons derived from the U.S. Supreme Court case Terry v Ohio, 392 U.S. 1, 88 S. Ct. 1868 (1968).iii 3. Threshold Inquiry: The warrantless stopping, questioning and frisking of suspicious persons based on a Massachusetts General Law Ch.41§ 98.