Definitions

PURPOSE: This rule advises the public of the definitions adopted for certain terms which are used in section 590.650, RSMo, and the rules promulgated thereunder. (1) The term “law enforcement agency,” as used in section 590.650, RSMo, shall mean the state highway patrol, any state, county, or municipal department or office that employs peace officers who stop drivers of motor vehicles for violations of any motor vehicle statute or ordinance. (2) The term “peace officer,” as used in section 590.650, RSMo, shall mean any member of the state highway patrol, any state, county, or municipal law enforcement officer possessing the duty and power of arrest for violation of any criminal laws of the state or for violation of ordinances of counties or municipalities of the state who serve full-time, with pay. (3) The term “search,” as used in section 590.650, RSMo, shall mean any action of a peace officer, arising out of a motor vehicle traffic stop, that infringes upon an individual’s reasonable expectation of privacy. (4) The term “Terry stop” shall mean a stop of an individual where specific and articulable facts, together with all rational inferences, suggest that the driver is involved in criminal activity. A Terry stop is an investigatory stop that is not an arrest and can be justified by less than the probable cause necessary for an arrest. (5) The terms “Terry frisk” or “Terry search” shall mean a limited pat-down or frisk of the driver or his or her automobile for weapons which occurs when there are specific and articulable facts which, taken together with rational inferences from those facts, would lead a peace officer reasonably to believe the driver is armed and presently dangerous to the officer or others. AUTHORITY: section 590.650, RSMo 2000.* Emergency rule filed Aug. 21, 2000, effective Aug. 31, 2000, expired Feb. 23, 2001. Original rule filed Aug. 21, 2000, effective March 30, 2001. *Original authority: 590.650, RSMo 2000.