Criminal Procedure Chapter 6

only if they are in plain view, it is a sweep not a search.

Can you seize items (such as drugs) during a sweep?

yes

Does an officer need reasonable suspicion to have a K9 unit sniff the vehicle?

yes they can, even after the driver has been ordered out of the car. However, they cant search the trunk or containers in the car.

If the officer has reasonable suspicion that the motorist is armed and dangerous, and frisks him, can the officer also search the interior of the car within the suspect's immediate control?

the 4th amendment

If the officer's activities do not amount to a stop, then ____________ does not apply.

Investigative Detention

Less intrusive than an arrest, but more than a Terry stop

reasonable suspicion

Police must have _____________ that the person is a drug courier

exigent circumstances

Unless there are ______________, the officer must identify herself to question someone.

-obtaining fingerprints and photographs -ordering lineups -administering polygraph examinations -securing other types of evidence

What are some purposes for investigative detentions?

-threatening behavior of officers -presence of several officers -display of weapon by officer -physical touching of person by officer -issuing of orders instead of requests -use of intimidating language or tone of voice -lengthy time period -intrusive actions, such as a full body search -use of lights or sirens -officer blocking person's path -coercive police behavior -incident taking place out of public view

What are the factors used to distinguish between a stop and a consensual encounter?

Minnesota v Dickerson

What case officially recognized the plain touch and feel doctrine?

reasonable suspicion

What does a police officer need to stop a vehicle?

reasonable suspicion that there are individuals posing a danger to those at the arrest scene

What is required for a protective sweep?

reasonable suspicion that the person is armed and dangerous

What is required to frisk a person?

reasonable suspicion of criminal activity

What is required to stop a person?

-a search of the outer clothing for weapons that could be used to assault an officer -The officer cannot reach inside pockets or other areas unless he/she feels something that resembles a weapon

What is the scope of a frisk?

reasonable suspicion that the suspect is armed and dangerous (which is in addition to the reasonable suspicion required to stop them)

What must an officer have in order to conduct a frisk?

-the public interest is served by the seizure; -the nature and stop of the intrusion are not excessive; and -the officer possesses enough in the way of objective facts to justify the stop

When are lengthy stops constitutionally permissible?

1. When the person has a reputation for dangerousness 2. When the person is suspected of having committed a dangerous felony 3. When visual cues suggest the presence of a weapon or similarly dangerous instrument 4. When the suspect makes suggestive or furtive gestures

When is a frisk permissible?

-Reasonable suspicion that the suspect has committed a crime; -Reasonable belief that fingerprints will inculpate or exculpate the suspect -The procedure is carried out quickly

When is an investigatory detention for the purpose of fingerprinting permissible?

The Drug Enforcement Agency (DEA)

Who came up with typical characteristics of drug couriers? (list of characteristics on page 109)

Its important because if the stop is too long, it could evolve into an arrest. However, there is no set amount of time for when a stop evolves into an arrest.

Why is the duration of a stop important?

Drug Courier Profiling

a crime-detection process that makes use of what is known about the likely and observable characteristics of drug couriers and usually occurs in stop and frisk situations

Protective Sweep

a quick and limited search of the premises, incident to arrest, and conducted to protect the safety of police officers or others

Frisk

a superficial examination by an officer of a person's body surface or clothing to discover weapons or items that could cause harm

Plain Touch and Feel Doctrine

if an officer, during a frisk, feels what he has PROBABLE CAUSE to believe is a weapon, contraband, or evidence, the officer can search or seize the object

Stop

the detention of a person by law enforcement for the purpose of investigation

accusatory

the questions during a stop cannot become too __________ or the stop will fall outside of "Terry" territory

-Vehicle stops and weapons searches of vehicles -Protective sweeps of residences -Plain touch and feel -Profiling -Investigative detentions

what is the the expansion of Stop & Frisk?

Reasonable Suspicion

-a lesser degree of certainty than probable cause, but greater than a mere hunch or unsupported belief -created by the Supreme Court, not found in the Constitution

-Police must have reasonable suspicion to frisk -Contraband must be immediately apparent for it to be lawfully seized

For the plain touch and feel doctrine to apply, what two conditions must be met?

other people who may pose a threat to the officers making the arrest

If police lawfully make an arrest in a person's residence, a protective sweep is permissible, but officers can only have the intent of searching for what?

stop, frisk

Stop and Frisk are two separate acts. The _____ always comes first, but does not give police permission to conduct a _____.