College

The two elements required for a lawful pat down or frisk are:

1) The subject is lawfully:

a) Arrested / probable cause
b) Detained / reasonable suspicion
c) Stopped / probable cause
d) Questioned / reasonable suspicion

Answer :

Final answer:

The two elements required for a lawful pat down or frisk are (1) that the subject is lawfully detained / reasonable suspicion. In Terry v. Ohio, the Supreme Court ruled that police may stop and frisk a person if they have a reasonable suspicion that the person has committed or is about to commit a crime, as long as they also have a reasonable suspicion that the person is armed and dangerous. In addition, in order to search a person or seize evidence, police generally need a warrant issued upon probable cause supported by oath or affirmation, as stated in the Fourth Amendment.

Explanation:

The two elements required for a lawful pat down or frisk are (1) that the subject is lawfully detained / reasonable suspicion.

In Terry v. Ohio, the Supreme Court ruled that police may stop and frisk a person if they have a reasonable suspicion that the person has committed or is about to commit a crime, as long as they also have a reasonable suspicion that the person is armed and dangerous. This allows police to conduct a pat down or frisk for weapons without violating the person's Fourth Amendment rights.

In addition, in order to search a person or seize evidence, police generally need a warrant issued upon probable cause supported by oath or affirmation, as stated in the Fourth Amendment. However, there are exceptions to the warrant requirement in certain situations, such as when a person lacks a reasonable expectation of privacy or when there are exigent circumstances.