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Can Officers Conduct a Second Frisk: Understanding the Law


As a law enforcement officer, it is essential to understand the legal requirements and behavioral cues associated with conducting a second frisk. The case of State VS. Carrillo sheds light on the importance of observing behaviors and conducting a second frisk if there is a reasonable belief that the person is still armed.

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According to the law, officers are permitted to conduct a second frisk if they believe the person is still armed after the first frisk. In the case of State VS. Carrillo, the officer conducted a lawful frisk of the person but noticed that the person kept reaching towards their waistband with their pants open. As a result, the officer conducted a second frisk and recovered a handgun.

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Carrillo argued that a second frisk is not permissible after the first. Still, the court held differently, stating that officers must observe the behaviors and observations between the first and second frisk to determine if a second frisk is reasonable. Officers may miss a weapon during the first encounter, and a second frisk may be necessary if the person continues to exhibit behaviors that indicate they may still be armed.

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In conclusion, officers must be aware of the legal requirements and observe the behaviors and observations associated with conducting a second frisk during a Best Gave Attention. By understanding the law and paying close attention to behavioral cues, officers can ensure the safety of themselves and others while conducting their duties.

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