Chapter 8 Crim Pro Study

The term _____________ is a designation given to individuals who were captured by the United States on suspicion of being involved in terrorist activities by being a part of or supporting Taliban or al Qaeda forces, or associated forces that are engaged in hostilities against the United States or its coalition partners.

Enemy Combatant

If a show of authority by a law enforcement officer does not result in a halting or submission by the person being confronted, there is _______________ under the Fourth Amendment.

No Seizure

A person has been seized within the meaning of the Fourth Amendment if in view of all of the circumstances surrounding the incident, a reasonable person would have believed that he was ______________________________________________.

Not free to leave

The initial stages of a frisk must be limited to a __________________of the outer clothing.

Patdown

Relying on the plain view doctrine, the Minnesota v. Dickerson ruling stated that officers could seize non-threatening contraband, such as drugs, if its identity as contraband is immediately apparent to the sense of touch. This exception is best known as the ________________________________.

Plain Touch Exception

An officer stops a vehicle for a minor equipment violation in order to investigate a more serious crime involving the occupants. This is often referred to as a(n) ____________.

Pretext Stop

Any police initiated action that relies solely on the race, ethnicity, or national origin of a person and not his behavior would be best described as what?

Racial Profiling

Many states and the federal government have rules prohibiting _________ by law enforcement officers. Many states require law enforcement agencies to collect statistical data on the race and ethnicity of persons pulled over for traffic stops.

Racial Profiling

A police officer who detains a person must have _____________ supported by articulable facts that criminal activity may be afoot.

Reasonable Suspicion

_______________ is a less demanding standard than _______________.

Reasonable suspicion; probable cause

A law enforcement officer may detain property for a brief time if the officer has a ________________________ that the property contains items subject to seizure. reasonable,

Reasonable, Articulable suspicion

A police officer stops a person on the basis of reasonable suspicion. The officer also has reasonable suspicion to believe the person is armed. During the pat-down, the officer feels what he thinks could possibly be a small baggie containing drugs, but the officer is unsure. Based on this information, can officer request the consent of the person to pull the object out? YES or NO

Yes

An officer observes an individual leaving a place the officer believes to be a drug house. As the officer approaches, the man makes furtive gestures, reacts nervously, and changes course quickly before the officer yells out for the man to stop. The man stops. The man is carrying a locked case. Is the officer justified to temporarily detain the man and case and have the case sniffed by a drug canine. YES or NO

Yes

An officer stops a person travelling in their car based on reasonable suspicion. The officer requests that the person step out of the vehicle and the person complies. The officer immediately notices a tattoo on the arm of the person that is common among members of a particular gang in the area known to engage in violence toward officers, thus giving the officer reasonable suspicion to believe the person may be armed. The officer has not secured the person. At this point can the officer frisk the person and search any part of the passenger compartment where a weapon could be kept. YES or NO

Yes

Officers may stop a person or a vehicle on the basis of a police flyer, bulletin, or a radio dispatch. YES or NO

Yes

The determination of the reasonableness of stops and frisks involves balancing a person's right to privacy and right to be free from unreasonable searches and seizures against ____________, _______________, and ___________________.

governmental interests, crime prevention/detection, and safety of law enforcement officers.

Before conducting a frisk, an officer must believe what to be true?

he is dealing with an armed and dangerous individual

Courts have consistently ruled that an investigative detention must be temporary and last no longer than __________ to effectuate the purpose of the stop.

necessary to effectuate the purpose of the stop.

Officer Brewer stops a vehicle because it does not have brake lights. However, he is using this reason for a traffic stop because he believes the subjects in the vehicle may be involved in illegal activity involving drugs and wants to check them out. What type of stop is this?

pretextual stop

United States v. Seelye listed six factors and circumstances to be considered in determining the amount and kind of force that is reasonable and consistent with an investigative stop. List all six factors:

the training and experience level of the officer(s) involved

Many things can affect the reasonableness of a police initiated stop. According to the text and the most recent case law, usually a case that involves a stop of _____________________ is probably outside an acceptable time limit.

twenty to twenty-five minutes

Stop and frisk procedures are serious intrusions into a person's privacy and are governed by the _________ Amendment.

4th Amendment

In the case of United States v. Place, the courts ruled that seizure of a suspect's luggage suspected of containing drugs for approximately ________ in order to transport the luggage to another airport for a canine sniff was excessive.

90 Minutes

A police officer may detain property for a short period of time if he has a reasonable, articulable suspicion that the property contains items subject to seizure. The property may not be searched without a search warrant, but the officer may subject the property to a properly conducted __________.

Canine Sniff

A law enforcement officer's power to detain and question suspicious persons dates back to the ___________________________of England.

Common Law

Is the following a true or false statement? "A police officer needs more than a hunch to justify both a frisk and a full search, but less is required for a frisk than is required for a full search." TRUE OR FALSE

True

A limited search of a person is best described as a(n) ______________________.

Frisk

A limited search of a person's body consisting of a careful exploration or pat-down of the outer surfaces of the person's clothing in an attempt to discover weapons is called a ______________.

Frisk

A body of international law collectively referred to as the ____________ has developed over the centuries to set rules for the treatment of prisoners of war captured on the battlefield in war time.

Geneva Convention

Generally speaking, _________ is needed to support an anonymous tip and provide reasonable suspicion to justify an investigatory stop.

Reliability

A(n) ______________ is the combination of an officer's words and actions that would convey to a reasonable person that his or her freedom of movement is being restricted such that the person is not free to leave.

Seizure

A _________ is the least intrusive type of seizure of a person under the Fourth Amendment.

Stop

The case that established the foundation for stop and frisk is _______________

Terry v. Ohio

Stop and frisk procedures are serious intrusions on a person's privacy and are governed by which of the following Amendments to the Constitution?

The 4th Amendment

When a court must consider whether a particular seizure or frisk is reasonable or unreasonable, the court considers the inquiry from the standpoint of _________________________________.

The Reasonable Person

An officer observes an individual leaving a place the officer believes to be a drug house. As the officer approaches, the man makes furtive gestures, reacts nervously, and changes course quickly before the officer yells out for the man to stop. The man stops. The man is carrying a locked case. The officer is justified to temporarily detain the man and case and have the case sniffed by a drug canine. TRUE or FALSE

True

Based on the totality of circumstances, the factors that are generally considered in an inquiry concerning whether a "seizure" has occurred include; whether the officer displayed a weapon, the number of officers involved, Some physical touching of the person of the citizen, and the language used and the tone of voice of the officer during the interaction. TRUE or FALSE

True

Often times in cases involving the seizure of a person, the Supreme Court will examine the _________________________________________.

Totality of Circumstances

During the initial stages of a frisk, an officer feels a soft object about the size of a quarter in the suspect's coat pocket. Realizing that it is not a weapon and unable to conclude that the item is contraband, courts have ruled that without further probable cause the officer should cease and desist with the search once he realizes that it is not a weapon. TRUE or FALSE

True