Florida Department of Law Enforcement (FDLE) Practice Exam

What is required by Florida's Stop and Frisk law before a weapons pat down is permitted?

1. Probable cause

2. Reasonable suspicion

3. Witness consent

4. Affidavit from a supervisor

The correct answer is: Reasonable suspicion

The requirement outlined by Florida's Stop and Frisk law for conducting a weapons pat down is based on the concept of reasonable suspicion. This standard allows law enforcement officers to briefly detain a person if they have a reasonable suspicion that the individual is involved in criminal activity. Furthermore, if during this detention the officer has a belief that the person may be armed and dangerous, they are permitted to conduct a pat down for weapons to ensure their safety and the safety of others. Probable cause, which is a higher standard than reasonable suspicion, is not necessary at this stage; therefore, it does not apply to the authorizing of pat-downs under this law. Other options, such as witness consent and affidavits from supervisors, are not requirements for law enforcement to perform a pat down for weapons during a stop based on reasonable suspicion. The law is designed to balance the need for officer safety with the rights of individuals, and reasonable suspicion serves this purpose effectively within the context of a brief investigative detention.