Crim 6 Ch 6

Which is correct regarding the nature of a frisk?

A frisk is little more than an open-handed pat down of someone's outer clothing. > A frisk is little more than an open-handed pat down of someone's outer clothing.

Which is an improper frisk?

A man is sitting in a car waiting to pick up a friend. An officer orders him out of the car and frisks him. > The officer did not have any justification for stopping or frisking.

When can police officers stop and detain motorists in their vehicles?

A motorist is speeding, intoxicated, and smells of marijuana > Delaware v. Prouse (1979) set forth the rule that police officers can stop and detain motorists in their vehicles so long as the officers have "at least articulable and reasonable suspicion" that the motorists are violating the law.

Adam is a narcotics agent who observes passengers at an airport to spot drug couriers. He looks for specific characteristics of drug couriers as defined by the U.S. courts. Which of the following passengers is Adam most likely to stop?

A passenger who spends less than eight hours in the U.S. after a 14-hour flight and catches another flight. > In Elmore v. United States (595 F.2d 1036 [5th Cir. 1979]), the Fifth Circuit Court listed rapid turnaround time for a very lengthy airplane trip as one of the characteristics of a drug dealer.

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

A police officer can frisk a person if the officer has reasonable fear for his or her safety. > A frisk must be motivated by the desire to promote officer safety.

Which police activity is best considered a non-stop?

A police officer dismisses a person after a short inquiry. > A person has been "seized" within the meaning of the Fourth Amendment only if, in view of all the circumstances surrounding the incident, a reasonable person would have believed that he was not free to leave.

Which action is most likely in compliance with the Supreme Court's Terry v. Ohio decision?

A police officer notices two young men following a woman discreetly. He approaches them and identifies himself as a police officer. After a short conversation, the two men scatter in opposite directions. The officer chases down one of the men and detains him. > The Fourth Amendment does not require a policeman who lacks the precise level of information necessary for probable cause to arrest to simply allow a crime to occur or criminal to escape. On the contrary, Terry recognizes that it may be the essence of good police work to conduct a stop when circumstances warrant.

Which is lawful, according to the Supreme Court decision in Hayes v. Florida (1985)?

A robbery suspect is approached by police and asked if he would come to the precinct to answer some questions about his whereabouts of the past four days. He complies and, once at the precinct, he requests a lawyer to be present. > Hayes v. Florida addressed the need for consent of an individual whom police want to detain and question. The suspect granted consent to be detained and questioned and then exercised a right to attorney being present once he got to the police station.

Which statement is correct about the stop-and-frisk process?

A stop does not give a police officer permission to conduct a frisk. > A stop always precedes a frisk, but a stop does not give a police officer permission to conduct a frisk.

Which situation is unlawful, considering the Davis v. Mississippi (1969) decision in regards to investigation detentions?

A woman witnesses a break-in at her neighbor's home and reports the incident to the police, indicating that a young, Hispanic male between the ages of 16 and 25 was the offender. Three days later, the police detain a group of 14 young Hispanic men from the local high school without probable cause and fingerprint them. > The decision in Davis v. Mississippi determined that there has to be an articulable objective basis for detaining the person, an investigation underway, and a court order asserting that adequate evidence exists in order to detain and fingerprint a suspect. In the situation described, the police do not appear to have appropriate cause to carry out the detention of the group of young men.

Where is drug courier profiling most common?

Airports > Drug courier profiling is the process that makes use of what is known about common observable characteristics of people who are drug couriers and applies that profiling to stop-and-frisk situations. It is most common in airports, since controlled dangerous substances are often carried into the U.S. by airport passengers.

There have been a multitude of court cases surrounding the legality of frisks. Which is the best explanation for the repeated visitation of the matter in the courts?

Because a frisk is contingent upon an officer's subjective perception of a threat, it is difficult for clear cut rules for frisks to be established. > An individual's perception of safety or danger is wholly subjective, and for that reason it is nearly impossible to create specific rules about the circumstances of a frisk.

Which is the most applicable example of a stationhouse detention?

Blake is detained at the police station so a polygraph examination can be administered. > Stationhouse detentions are used in many locations for such purposes as obtaining fingerprints and photographs, ordering lineups, administering polygraph examinations, and securing other types of evidence.

How is a stop distinguished from a non-stop?

By 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.

Officers Charlton and Moses have an arrest warrant for a suspect in an attempted murder and receive information that the suspect is hiding out at his grandmother's home. The officers go to the home, locate the suspect who is sitting on an enclosed back patio, arrest the suspect, and then do what, as permitted by the decision in Maryland v. Buie (1990)?

Conduct a quick and limited search of the rest of the residence to ensure the safety of the officers. > Maryland v. Buie addressed lawful protective sweeps of residences. In the scenario given, the officers are permitted to briefly search the residence wherein the suspect is arrested to ensure that no other individuals are present who may be a threat to the officers' safety.

Jory is a woman traveling solo to the United States from Colombia. She is a nervous flier and appears edgy and anxious as she approaches the line at U.S. Customs. An agent with experience in drug courier profiling approaches her and asks her questions about her flight, her final destination, and finally asks if he can look in her bag. Jory answers the officer's questions and permits him to look into her luggage. The officer briefly looks into her bag and then tells her she is free to continue on through security. Which best describes this scenario?

Consensual encounter > The officer asks Jory several questions and her permission to look into her bag. This encounter can best be described as consensual as the interaction does not result in a formal detention, as would an investigative detention.

Which best explains the difference between consensual encounters and investigative detentions?

Consensual encounters are often carried out without articulable reason, whereas investigative detentions are carried out due to reasonable suspicion. > Consensual encounters are typically brief and do not require probable cause—or articulable reason—as the person gives the police consent for questions or searches. Investigative detentions require reasonable suspicion and are usually longer periods of detention that are involuntary.

A police officer saw a woman who looked like a drug user 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 term best relates to the given scenario?

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.

Which is true regarding vehicle stops?

If a concerned motorist phones in a report of another vehicle driving erratically at a high speed on a major highway, the police may stop that vehicle without having to further corroborate the reporting motorist's claims. > The decision in Prado Navarette v. California (2014) confirmed that if a vehicle is stopped based on reports from a concerned motorist, the officer is not required to independently evaluate those reports prior to stopping the vehicle.

When is a protective sweep of a home permitted under the Terry rationale?

Police lawfully make an arrest in a person's residence. > If police lawfully make an arrest in a person's residence, a protective sweep of the home is permitted under the Terry rationale.

A valid frisk can evolve into a search if which type of justification develops along the way?

Probable cause > A valid frisk can always evolve into a Fourth Amendment search, provided that probable cause develops along the way.

Which indicates the minimum standard of justification necessary for stop and frisk activities?

Reasonable suspicion > Reasonable suspicion is required to stop a person, and it is also required to frisk a person.

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 officer 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 an adult female 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 statement indicates 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.

Which is true regarding the duration of a stop?

There are no precise rules regarding length of time for a legal stop; it varies on a case by case basis. > While some stops may be regarded as excessive beyond as few as 15 minutes, there are other instances, such as that of Montoya de Hernandez (1985), wherein as many as 16 hours is deemed within legal limits.

Which of the following is a characteristic of a drug courier according to the U.S. courts?

Using small denomination currency to purchase airline tickets > Purchasing airline tickets with a large amount of small denomination currency is a characteristic of drug couriers listed by the Fifth Circuit Court in Elmore v. United States.

A police officer frisks a man after speaking to him, as he has reasonable suspicion to believe that he is carrying a weapon. During the frisk, the officer realizes that the suspect smells of marijuana, and he also senses a cylindrical object in the suspect's pocket. He reaches into the pocket and finds a marijuana pipe. The police officer seizes it as evidence as it was obtained through ________.

plain touch and feel > The officer's actions are justified based on the plain touch and feel doctrine. If the officer, while staying within the narrow limits of a frisk for weapons, feels what he has probable cause to believe is a weapon, contraband or evidence, the officer may expand the search or seize the object.

A brief nonconsensual encounter between a law enforcement officer and a citizen that does not rise to the level of an arrest is called a(n) ________.

stop > A stop is a brief nonconsensual encounter between a law enforcement officer and a citizen that does not rise to the level of an arrest.

A frisk is considered unconstitutional when _______.

the person is in an area known for drug dealing > Just because someone happens to be in an area in which criminal activity is supposedly taking place does not make him or her eligible for a frisk.

Frisks must be directed at discovering ________.

weapons > In order to conduct a frisk (a superficial examination by the officer of the person's body surface or clothing to discover weapons or items that could be used to cause harm), the officer needs reasonable suspicion that the suspect is armed and dangerous. This is in addition to the reasonable suspicion required to stop the person for questioning.