Explain the difference between a frisk and a search incident to an arrest.

Question

What will be an ideal response?

Answer 1

A frisk can occur based on a reasonable suspicion that a suspect is armed, is limited to a search for weapons, and involves only a pat-down of outer clothing. A search incident to arrest requires probable cause for the arrest, but can extend to inner clothing, pockets, purses, etc. in order to search for evidence of a crime, not just weapons.
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A frisk is a pat-down of a suspect's clothing during a Terry stop to ensure that a suspect is not armed. A frisk can be conducted if there is reasonable suspicion that the suspect is a harm to society. Probable cause is not used during a frisk. Although a frisk is not used to look for evidence, if the evidence is found during the Terry stop, it can be used as evidence to support a conviction. It is a limited search, so as long it is a Terry stop and there is reasonable suspicion, a warrant is not needed for a frisk.
An example of reasonable suspicion would be two people running after each other and one has a gun. If the person appears to be armed and may be a harm to society, reasonable suspicion is appropriate.
A search incident to an arrest is when a valid arrest is made. Like a frisk, a warrant is not needed. The arrest must be supported by probable cause, unlike a frisk that only requires reasonable suspicion. This search has fewer limitations on what can be searched; a suspect's body, clothing, any items they may be carrying, and the general vicinity may be searched. Evidence may be found during this search, as well. This search is also conducted to maintain the safety of society.