Section 3: Identify appropriate actions that may be taken when reasonable suspicion exists.
- Observations from other LEOs - 3rd party information - Suspect reputation - Suspect behavior - Bulge in pocket
How can you establish that the suspect is presently armed and dangerous?
- Force that is objectively reasonable - Avoid moving people unless you have to.
How much force can be used during a Terry Stop?
- Questioning - Identification - Display of authority - Request Consent to search.
What are permissible actions for voluntary consent?
1. A lawful frisk, that has reasonable suspicion that suspect is armed and dangerous. 2. Only plain touch. - no manipulation of the object to figure out what it is. 3. Incriminating nature must be immediately apparent.
What are the 3 requirements for plain touch?
1. Does the subject know whether they are be questioned voluntarily and free to leave. 2. Whether suspect had unrestrained freedom of movement during questioning. 3. Suspect initiated contact with authorities. 4. Were strong arm tactics or deceptive questioning used by police. 5. Questioning atmosphere police dominated. 6. Was suspect placed under arrest at the end of questioning.
What are the 6 indicators of custody?
- Brief voluntary encounters between LEO and citizens. - Not a seizure - No suspicion - No 4th Amendment application
What are voluntary consensual encounters?
-Robbery -Drug Trafficking -Aggravated Assault -Burglary -Auto Theft -Violent Crimes
What crimes can cause a frisk?
- Brief stop for a limited investigation. - Reasonable suspicion that criminal activity is afoot. - Frisk of outer clothing and possessions within immediate control. - Needs Reasonable Suspicion that they are presently armed and dangerous.
What is a Terry Stop/Frisk?
- When LEOs use a legal justification to stop an individual in order to investigate a different more serious crime.
What is a pretextual stop?
Allows seizure of illegal items that are in "plain view" during a T-Frisk.
What is the Plain Touch doctrine?
- Weapons, hard objects, soft objects under the "plain touch" doctrine.
What is the scope of a Terry Stop?
Anytime a person is not free to leave.
When does voluntary consent become a seizure?
- The entire passenger compartment - Closed/Unlocked containers - Can't Frisk locked containers - Can't frisk trunk
Where can a Terry Frisk on a vehicle be conducted?