What is the limitation of a frisk during a stop and frisk encounter?

Study for the California Bar Exam. Engage with flashcards and multiple choice questions, each question offers hints and explanations. Prepare effectively for your exam!

During a stop and frisk encounter, the limitation of a frisk is that it is specifically designed to be a brief, cursory search focused on the external clothing of the individual. This means that the officer may conduct a pat down of the outer garments to ensure that the individual is not carrying any weapons or objects that could be dangerous, which is rooted in the officer's safety concerns based on reasonable suspicion.

The legal basis for this limited scope comes from the need to balance individual rights with public safety concerns. A frisk is not an exhaustive search; it does not involve rummaging through pockets or searching under clothing, as that would exceed the boundaries of what is constitutionally permissible without probable cause.

In contrast, a complete search of a person's clothing would typically require probable cause and possibly a warrant, which is not necessary in the more limited context of a stop and frisk. The other options suggest requirements or circumstances that do not apply to the nature of a frisk. Therefore, the correct understanding is that the frisk is strictly limited to a pat down of the outer clothing.

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