Answer :
Final answer:
The correct conditions for a frisk according to Terry v. Ohio are reasonable suspicion of criminal activity and reasonable suspicion that the person is armed and dangerous. Probable cause is not a requirement for a frisk, but it is necessary for obtaining a search warrant or making an arrest. The correct option is (1)
Explanation:
The conditions that must be present according to Terry v. Ohio for a law enforcement officer to conduct a frisk are reasonable suspicion that the person has committed or is about to commit a crime, and reasonable suspicion that the person is armed and dangerous. This means that in order to conduct a frisk (a pat-down search for weapons), the officer must have a specific and articulable basis for suspecting criminal activity. Unlike probable cause, which is necessary to secure a search warrant or effectuate an arrest, reasonable suspicion is a lower threshold, recognized by the Supreme Court as sufficient to perform a frisk for the officer's safety, without violating the Fourth Amendment. Consent is not a required condition for a frisk per Terry v. Ohio; however, it can factor into other search situations.
Applying this understanding to the options provided in the student's question, the correct conditions necessary for a frisk, according to Terry, are reasonable suspicion that a crime has been committed or is about to be committed and reasonable suspicion that the suspect is armed and dangerous. Therefore, the correct answer to the student's question is: 1) Probable cause and reasonable suspicion.
