Term
| What is the sequence of the terry stop? |
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Definition
| RS->Stop->questions->(satisfied it stops) dissatified->object or officer safety/fear->patdown (outer)->weapon/evidence->PC->arrest->get full search |
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Term
| T/F If an officer suspects an object found in an outer clothes pat down is drugs but he is not sure he may proceed to search the inside of clothing because of rs |
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Definition
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Term
| What are the three main points of a terry stop |
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Definition
1. RS
2. Basis for outer clothing pat down
3. Basis for inner clothing search |
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Term
| What is the plain feel doctrine |
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Definition
| When an officer can determine evidence on first touch in a pat down it is allowed |
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Term
| Officer uses a drug dog to pass by car or luggage on a RS stop does this require a search warrant |
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Definition
| No a dog sniff is not a search it requires no warrant |
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Term
| T/F Drug courier drug profiling violates civil rights and cannot be used for a terry stop |
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Definition
| False (racial would be but drug courier is not) |
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Term
| T/F A detaining officer must have a fear for safety concern to do a pat down in terry stop |
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Definition
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Term
| A vehicle search like a home requires a search warrant |
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Definition
| False because of visibility in a car |
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Term
| Does a stop under terry type situation of a car or person constitute a seizure within the 4th amendment |
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Definition
| True only limited seizure though must have PC for complete seizure |
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Term
| When a suspect had drug dealer reputation and is meeting with a lot of people on the street corner there is sufficient RS for terry stop |
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Definition
| No because reputation and hanging out with people does not provide RS there must be possible bad act such as hand to hand passing |
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Term
| T/F The level of suspicion required for outer level pat down is equal to level of suspicion for arrest |
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Definition
| False you just have to have fear of safety for pat down but that is not enough for an arrest |
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Term
| Once RS has been found an officer can detain suspect for as long as it takes for him to determine if a crime has been committed |
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Definition
| False reasonable time must happen it is only limited detain |
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Term
| T/F Can an officer conduct a stop and id detention where there is no RS present |
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Definition
| False a stop has to be RS based |
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Term
| T/F Under the law as it stands now there is no such action as a stop and frisk of an automobile |
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Definition
| False if you see something in a vehicle (plain view) that can hurt you than a frisk can be done |
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Term
| What is the originating basis for a frisk portion of stop and frisk |
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Definition
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Term
| T/F If an officer during security pat down finds an item of interest other than a suspected weapon he may not continue search further |
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Definition
| False he may continue if on first touch he recognizes it as evidence |
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Term
| T/F If police ignore 15-20 sec delay the evidence found must be excluded |
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Definition
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Term
| If an informants tip does not rise to level of PC a suspect may not be stopped under terry rule |
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Definition
| False only RS is needed for terry stop |
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Term
| What did the decision in IL vs. Gates do |
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Definition
| Made gates the new standard for informants (totality of circumstances) |
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Term
| T/F A car search resulting from PC is limited to the cabin area only |
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Definition
| False pc gets you everywhere because pc is like a search warrant for a car (different for a house) |
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Term
| T/F A search of an open field in a fenced in property requires a search warrant |
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Definition
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Term
| T/F The 4th amendment was meant to deter federal officers misconduct for searches and confessions |
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Definition
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