CH 6 Review Q's: Terry v. Ohio

A police officer saw a woman who looked like a junky driving in the neighborhood he was patrolling. He stopped the car and asked her to step out. He then searched the car and frisked her, but did not find anything. The stop lasted for about 30 minutes. Which of the following terms describes a stop of this nature?

De facto arrest (Stopping someone for how they look does not constitute reasonable suspicion, and the amount of time for which the stop lasted would amount to a de facto arrest.)

Identify the scenario where the frisk in question represents a violation of the Fourth Amendment.

Outside of a pub, a police officer frisks a person he believes might have information about an altercation in the pub.

Which of the following is defined as a lesser degree of certainty than probable cause but a greater degree of certainty than a hunch or unsupported belief?

Reasonable suspicion

How is a stop distinguished from a non-stop?

Using an objective test (There is no easy way to distinguish a stop from a non-stop, but the Supreme Court has attempted to clarify the differences with an objective test. Specifically, a person has been "seized" if, in view of all the circumstances surrounding the incident, a reasonable person would have believed that he or she was not free to leave.)

Which of the following is true regarding the permissibility and scope of a frisk?

A police officer can frisk a person if there is reasonable fear for his or her safety. (A frisk must be motivated by the desire to promote officer safety, not by the desire to seek out any form of contraband.)

Identify the scenario that describes a valid stop and frisk as described by the Supreme Court in Terry v. Ohio.

A police officer frisks a man after noticing that he was getting nervous and reaching for his trouser pocket when asked about his intended location. (In Terry, the Supreme Court ruled that in addition to the suspicion required to justify a stop, an officer must have reasonable suspicion that the person stopped is armed and dangerous in order to conduct a frisk. As the person's actions in this scenario gave rise to reasonable suspicion, the officer is justified in conducting a frisk.)

Harry was stopped by a police officer outside a shopping mall. The officer believed that Harry's vehicle matched the description of a vehicle that the police were looking for in relation to a homicide case. He asked Harry to step out of the vehicle. As Harry got out, the officer heard a metallic noise and noticed a bulge in Harry's jacket. He believed that Harry was carrying a weapon and it had struck the door as he got out. When he frisked Harry, the bulge turned out to be a soft packet. He then reached into Harry's pockets and found a packet of cocaine. He used this as evidence against Harry. Which of the following statements explains why the evidence is likely to be declared unconstitutional in court?

The office did not immediately suspect Harry of possessing drugs. (On frisking Harry, it was not immediately apparent to the officer that Harry was carrying drugs. He did not have probable cause to further search Harry. For the plain-feel doctrine to apply, the police must have reasonable suspicion to frisk, and contraband must be immediately apparent for it to be lawfully seized.)

A police officer stops a lady on the street to ask her if she knows anything about an armed robbery that took place at a popular jewelry store a few days earlier. When she replies that she does not, the police officer thanks her and allows her to leave. Which of the following statements purports that this was a consensual encounter and not a stop?

The police officer did not detain the lady for the purpose of investigation. (The lady was not restricted from leaving. A stop is the detention of a person by a law enforcement officer for the purpose of investigation.)

When is the Fourth Amendment inapplicable?

The police officer's conduct does not amount to a stop.