Term
| When known facts do not constitute probable cause to arrest, they may still satisfy what? |
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Definition
| A lesser standard of "reasonable suspicion" to stop |
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Term
| What usually separates a "street encounter" from a "Terry Stop"? |
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Definition
| Whether the individual is detained |
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Term
| Any stop of a moving vehicle is considered what? |
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Definition
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Term
| What element must exist to stop a moving vehicle? |
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Definition
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Term
| Why are highway sobriety check points allowed, but road checks for drugs are prohibited? |
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Definition
| Highway check points call for stopping and briefly detaining all vehicles and a road check for drugs is considered a general criminal seizure |
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Term
| The reasonableness of an "on-the-scene" warrantless seizure depends on a balance between what 2 things? |
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Definition
| Public interest and the individual's Fourth Amendment rights |
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Term
| According to the text (casebook), most detentions occur where? |
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Definition
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Term
| As it relates to duration of detention, how long can an officer detain a suspect? |
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Definition
| A reasonable amount of time |
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Term
| How much force can an officer use to effect a stop and enforce a period of brief detention, if the suspect shows no lethal threat to the officer? |
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Definition
| A degree of reasonable force found necessary under the circumstances, short of deadly force |
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Term
| A protective pat down search is permitted in order to find what? |
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Definition
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Term
| A protective pat down is only permitted after meeting what two (2) threshold requirements? |
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Definition
| Must be a lawful stop and must be reasonable suspicion the suspect is armed and dangerous |
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Term
| When an officer conducts a pat down, is he allowed to feel for evidence other than weapons? |
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Definition
| Yes, ONLY if the object makes its identity immediately apparent as contraband |
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Term
| As an officer, if you were to temporarily restrain a person of their freedom to walk away when that person is suspected of being involved in criminal activity, that action would be considered what? |
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Definition
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Term
| As an officer, you have two available procedures at your disposal when investigating suspicious circumstances and/or detaining an individual for identification purposes. What are the two procedures? |
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Definition
| Protective Searches and Investigative Detention |
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Term
| Give a brief definition of Investigative Detention. |
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Definition
| The temporary restraint of a person's freedom to walk away when such a person is suspected of being involved in criminal activity |
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Term
| True/False: Investigative Detentions and protective searches represent two seperate and distinct procedures available to officers. |
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Definition
| True. Investigative detentions (stops) are considered seizures and protective searches (frisks) are considered searches. |
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Term
| Most investigative detentions involve persons suspected of ? |
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Definition
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Term
| Where facts known to the officer do not constitute probable cause to arrest, those facts may satisfy ? |
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Definition
| The lesser standard of "reasonable suspicion" to stop |
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Term
| What key element seperates a "Street Encounter" from a "Terry Stop"? |
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Definition
| Whether the individual was detained |
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Term
| True/False: When an officer encounters an individual on the street (Street Encounter), the individual is obligated to comply with the officer's request to remain stationary or provide information. |
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Definition
| False: Street encounters DO NOT obligate the individual to comply with the officer's requests |
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Term
| True/False: Any stop of a moving vehicle is considered a Fourth Amendment seizure. |
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Definition
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Term
| True/False: Because any stop of a moving vehicle is considered a Fourth Amendment seizure, reasonable suspicion is required. |
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Definition
| True. Reasonable suspicion, at the minimum, is required in order to stop a moving vehicle |
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Term
| A road block or road check for drugs is? |
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Definition
| A general criminal seizure and prohibited by the Fourth Amendment |
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Term
| A highway sobriety checkpoint which calls for stopping and briefly detaining all motorists passing through such checkpoint is? |
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Definition
| Reasonable and need not be supported by individualized suspicion |
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Term
| Provide at least 4 things taken into consideration when determining reasonable suspicion. |
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Definition
- Nighttime
- Time and place
- High crime areas
- Near scene of crime
- Attempts to flee
- Furtive moves
- Suspicious conduct/demeanor of suspect
- Personal knowledge and experience of officer
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Term
| True/False: An investigative stop may be justified by the same sources of information used to find probable cause. |
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Definition
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Term
| Name at least 3 sources of information that can be used to justify an investigative stop. |
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Definition
- Personal observation of officer
- Information from other law enforcement officers
- Information from victims and witnesses
- Anonymous tips
- Standardized profiles
- Confidential informants
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Term
| The reasonableness of an "on-the-scene" warrantless seizure depends on ? |
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Definition
| The balance between the public interest and the individual's right to personal security free from arbitrary interference by law enforcement officers |
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Term
| Most detentions occer where? |
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Definition
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Term
| Moving a detained person should be avoided unless there is good reason for doing so. Name at least 2 of the 4 reasons given in the text (casebook) that allow for moving the detained person a short distance. |
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Definition
- Afford better lighting
- Permit officer to use car radio
- Prevent a traffic hazard
- Avoid a hostile crowd
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Term
| How long can an officer detain a suspect? |
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Definition
| A reasonable amount of time |
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Term
| How much force can an officer use to effect a stop and enforce a period of brief detention? |
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Definition
| An officer may employ that degree of reasonable force found necessary under the circumstances, short of deadly force |
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Term
| True/False: An officer may stop and detain a person without having to advise that person of his/her rights. |
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Definition
| True. As a general rule, a stop and detention is not such a significant deprivation of freedom as to constitute custody. |
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Term
| What are the 2 threshold requirements that must be met in order to execute a protective pat down for weapons only? |
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Definition
- There must be a lawful stop
- There must be reasonable suspicion the suspect is armed and dangerous
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Term
| Name at least 3 factors an officer may consider in justifying a frisk. |
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Definition
- Type of crime involved
- Reputation of the person detained
- Time and place of stop
- Sudden movement
- Bulge in the suspect's pocket
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Term
| If facts justify it, a frisk could be extended to include what areas? |
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Definition
- Hand carried items
- Companions
- Vehicles
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Term
| An officer may conduct a frisk of a person's outer clothing for weapons only. What is the exception to this that allows an officer to seize other contraband? |
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Definition
| If an officer lawfully pats down a suspect's outer clothing and feels and object whose contour and/or mass makes its identity immediately apparent as contraband, the officer may seize the object and have it admitted into evidence |
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