What Are Your Rights During a Terry Stop in Washington

Police encounters can be confusing and stressful—especially when officers stop you but do not place you under arrest. These encounters, commonly known as Terry stops or investigatory detentions, are limited in scope and duration. Understanding your rights during a Terry stop is essential to protect yourself and avoid inadvertently incriminating statements.

What Is a Terry Stop?

A Terry stop is a brief, investigatory detention based on reasonable suspicion—a legal standard that is lower than probable cause. The name comes from the U.S. Supreme Court decision Terry v. Ohio, 392 U.S. 1 (1968), which held that police may stop and question an individual if they have specific, articulable facts indicating the person is involved in criminal activity.

Under Washington law, Terry stops are recognized as constitutional if:

  • The officer can point to objective facts supporting reasonable suspicion, and
  • The detention is limited in duration and scope to confirm or dispel that suspicion.

How Is a Terry Stop Different from an Arrest?

The primary differences between a Terry stop and an arrest are:

  • Legal Standard: A stop requires reasonable suspicion; an arrest requires probable cause.
  • Duration: A Terry stop must be brief—usually lasting no longer than necessary to resolve the officer’s questions.
  • Scope: Officers may ask questions related to the suspected crime and, in some cases, conduct a limited frisk for weapons.

If officers extend the detention beyond what is necessary or conduct a more intrusive search without probable cause, the stop may escalate into an arrest and trigger additional constitutional protections.

Do You Have to Identify Yourself?

Unlike some other states, Washington does not have a general stop-and-identify statute requiring you to provide your name during a Terry stop. However, if you are driving, you must present your driver’s license, registration, and proof of insurance upon request.

If you are a passenger or a pedestrian, you generally do not have a legal obligation to identify yourself unless you are formally arrested or cited.

Can Officers Search You During a Terry Stop?

During a lawful Terry stop, officers may perform a limited pat-down, also called a frisk, if they have reasonable suspicion that you are armed and dangerous. This is not a full search—officers are allowed only to search for weapons to protect their safety.

If they feel an object that is clearly contraband during the frisk (for example, a weapon or drugs with distinctive packaging), they may seize it under the “plain feel” doctrine. However, any further search typically requires probable cause or consent.

What Should You Do If You Are Stopped?

If you are stopped by law enforcement, consider these recommendations:

  • Stay calm and polite.
  • Do not flee or physically resist.
  • Ask if you are free to leave. If the officer says yes, you may walk away.
  • You have the right to remain silent. You may inform the officer, “I choose to remain silent.”
  • You do not have to consent to a search. You can state, “I do not consent to any searches.”

What If Your Rights Are Violated?

Evidence obtained during an unlawful stop or search may be suppressed in court. If you believe your rights were violated during a Terry stop, it is important to contact a criminal defense attorney as soon as possible to review your options.

Speak with a Criminal Defense Lawyer

The Law Office of Erin Bradley McAleer provides experienced representation for individuals facing criminal charges or unconstitutional police conduct. If you have questions about your rights or have been charged with a crime following a Terry stop, contact us today for a confidential consultation.