Category: Law Enforcement · Statute: Terry v. Ohio (1968) / F.S. 901.151 · Source: Florida Legislature
Understanding Terry Stop (Investigatory Stop) in Florida
In Florida, a Terry stop—legally known as an investigatory stop—is governed by the Florida Stop and Frisk Law under Section 901.151 of the Florida Statutes. This law permits a law enforcement officer to temporarily detain a person in a public place if the circumstances reasonably indicate that the person has committed, is committing, or is about to commit a violation of the criminal laws of the state or a municipal ordinance. Unlike an arrest, which requires probable cause, an investigatory stop only requires "reasonable suspicion" based on specific, articulable facts that criminal activity is afoot.
During a lawful investigatory stop, the officer may temporarily detain the individual to ascertain their identity and the circumstances surrounding their presence. If the officer has reasonable suspicion to believe that the detained person is armed with a dangerous weapon and poses a threat to the safety of the officer or others, the officer may conduct a limited search—commonly called a pat-down or frisk—of the person’s outer clothing. If this search reveals a weapon, or if the stop yields probable cause that a crime has occurred, the detention can escalate into a lawful arrest.
How Investigatory Stops Impact Pretrial Release
The legality of a Terry stop is a critical factor in determining whether a defendant remains in custody or secures pretrial release. If law enforcement lacked reasonable suspicion to initiate the stop or lacked justification for the subsequent weapons frisk, any evidence seized—such as firearms or illicit drugs—may be suppressed under the exclusionary rule. Defense counsel can leverage these constitutional violations at a first appearance hearing or a subsequent bond reduction hearing to argue that the state's case is weak, which frequently influences the court to lower the bail amount or grant release on recognizance.