Stop and Frisk (Legal Test #1)

Uniformed officers conducted a traffic stop. They observe a nervous subject hiding behind a building observing them closely. They ask him to speak with them and he runs off, creating reasonable suspicion to stop. While running, the subject discards a gun from his waistband, establishing the probable cause to arrest the subject. Hot pursuit of the subject into the apartment was therefore objectively reasonable.

Explain the case of State v. Alvarez.

Factory Survey

Immigration officials practice of conducting surprise visits to factories and asking employees questions to determine if they are illegal aliens.

Identify himself or herself as a police officer and make REASONABLE inquiries.

In the course of investigating the suspicious behavior, the officer must do what?

FALSE. Frisks can also be designated for vehicles. A frisk can be conducted of the interior passenger compartment for weapons, when there is REASONABLE SUSPICION for the frisk.

True or False: Frisks are ONLY designated for persons.

True St. v. Benjamin

True or False: Is unprovoked flight from a clearly identifiable law enforcement identifiable law enforcement officer while holding the waistband reasonable suspicion to justify a pursuit and stop? If so, What Supreme Court case may support this?

True Reasonable Suspicion IS LESS THAN Probable Cause , but MORE THAN just a mere suspicion.

True or False: Reasonable Suspicion is less than Probable Cause.

FALSE. It is reasonable suspicion to stop according to State v. Morgan.

True or False: Unprovoked flight from clearly identifiable officers in a low crime area, poorly lit late at night, is NOT reasonable suspicion to stop.

Terry v. Ohio

What Supreme Court Case supports that an investigatory stop does not constitute an arrest and is permissible when prompter by the observation of unusual conduct (which leads to a reasonable suspicion that criminal activity is bout to take place) AND the ability to point to specific and articulable fact to justify that suspicion?

Whren v. U.S.

What Supreme Court case consists of officers stopping a defendant for a traffic infraction; however they admitted that they wanted to stop him for reasons not by itself reasonable suspicion for the stop?

Hayes v. Florida

What Supreme Court case consists of the Police transporting a suspect to the police station for fingerprinting WITHOUT consent, probable cause, or a warrant?

Minnesota v. Dickerson If the officer were to squeeze, slide, and manipulate the object.

What Supreme Court case held that the officer can seize non-weapons contraband if it is immediately apparent that it is contraband? What would cause inadmissibility in Court?

the weapon can be properly seized

What can happen if an officers feels what appears to be a weapon during a frisk?

Probable Cause or some other exception to the rule: Such as consent, exigent circumstances, search incidental to arrest, plain view, plain feel, and etc.

What does an officer need for a frisk to become a search?

Drug Courier Profile

What is a set of identifiers developed by law enforcement agencies describing the types of individuals who are likely to transport drugs.

Fishing Expeditions

What is an act to see if some type of usable evidence can be found on the suspect, frequently referring to those general searches not based upon a particular objective basis for establishing reasonable suspicion.

A frisk is approved for the officers safety and for those around him or her. The officer is limited to a "pat-down" of the outer clothing to discover weapons that could be used to assault him or her.

Why is it approved for a frisk to occur if the requirements for a stop are met? What is the officer limited to?

Yes. It IS reasonable suspicion and the individual can be stopped and detain. Illinois v. Wardlow supports this.

An officer is patrolling an area that has high crime rates, while patrolling, he observes an individual that takes off running from the corner of a street. Is this reasonable suspicion?

That based on his or her experience, criminal activity is about to take place, is taking place, or has just taken place.

For the stop to be valid, the officer must observe what?

A stop is a TEMPORARY detention for investigation, not a custodial arrest. A stop requires Reasonable Suspicion An arrest requires Probable Cause

How does a stop differ from an arrest? What does a stop require? & what does an arrest require?

Stationhouse Detention

This occurs at a police station and is used for fingerprints, photographs, conducting police line-ups, or securing identification or other types of evidence.