crj proceed chapter 8

is a less demanding standard than .

Reasonable suspicion; probable cause

The initial stages of a frisk must be limited to

a pat-down of the outer clothing.

Officers may stop a person or a vehicle on the basis of which of the following?

a police flyer, bulletin, or a radio dispatch

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.

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 the officer

can frisk the person and search any part of the passenger compartment where a weapon could be kept.

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, the officer

can request the consent of the person to pull the object out.

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.

An investigative detention may last as long as the officer feels necessary.

false

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

false

The Fourth Amendment does not govern seizures of the person which do not eventuate in a trip to the station house and a formal arrest at the station house.

false

The police may conduct a checkpoint for general law enforcement purposes.

false

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

frisk

Which of the following best describe 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?

frisk

he 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

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

Before conducting a frisk, an officer must believe which of the following 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

necessary to effectuate the purpose of the stop.

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.

ninety minutes

f 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

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.

. 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. Which of the following best describe this scenario?

pretextual 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

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

reasonable suspicion

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

stop

A law enforcement officer's power to detain and question suspicious persons dates back to

the common law of England.

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.

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. Which of the following is NOT one of those factors?

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

An officer observes an individual talking with known drug addicts over a period of several hours. The officer eventually approaches the individual and pulls illegal drugs out of the suspect's pocket after the suspect has thrust his hand into his pocket first. The officer testifies that he never saw nor believed that the suspect had a weapon. What position would the courts take pertaining to this seizure?

throw out the search as an illegal seizure

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

totality of the circumstances.

A law enforcement officer's authority to frisk is limited and narrowly drawn.

true

An anonymous tip that a particular person at a particular location is dealing drugs is not, without more information, sufficient to justify law enforcement officers in stopping and frisking that person.

true

An officer who observes a blown taillight, cracked windshield, or failure to signal when changing lanes may stop a vehicle even if a hypothetical "reasonable officer" would not have been motivated by a desire to enforce the traffic laws.

true

As the delay between the development of reasonable suspicion on the part of the officer and the actual stop grows longer, courts may find that the suspicion has "evaporated."

true

The USA Patriot Act has broadened the government's power to detain individuals within the United States for long periods of time on apparently nothing more than reasonable suspicion once such persons have been classified by the U.S. government as an enemy combatant.

true

The United State Supreme Court has ruled that an officer may rely on their own experience and specialized training to establish reasonable suspicion that might not be available to an untrained person.

true

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

Based on the totality of circumstances, which of the following is not a factor that is generally considered in an inquiry concerning whether a "seizure" has occurred?

whether the officer involved was undercover or in uniform

Which of the following is a true 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.

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

Fourth

The case that established the foundation for stop and frisk is

Terry v. Ohio

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. Which of the following is true?

The officer is justified to temporarily detain the man and case and have the case sniffed by a drug canine.