Stop and Frisk

Reasonable person Free to leave

A seizure of a person under the Fourth Amendment is determined by whether the __________ under like circumstances would believe that he/she was __________. A stop based on the guidelines of Terry v. Ohio would indicate that the person is not free to leave, therefore making it a seizure under the Fourth Amendment.

Temporary Custodial Arrest Reasonable suspicion Probable cause

A stop differs from an arrest in that the stop is a __________ detention for investigation and not a full __________. A stop requires __________ and an arrest requires __________. Although both are a seizure of a person, a stop is a less intrusive form of a seizure compared to an arrest.

Properly seized

During a frisk, an object that feels like a weapon may be __________.

Protection Patdown Weapons

If the requirements for the stop are met, the officer, for his or her own_________ and that of others in the area, may conduct a carefully limited search (__________) of the outer clothing of the person in an attempt to discover __________ that might be used to assault him or her.

Passenger compartment Locked

In a vehicle, the frisk is limited to the __________, including closed containers, but not __________ containers.

215.1 Stop Frisk Search

LA C.Cr.P. Art. __________ a. Articulable Reasonable Suspicion of Criminal Activity= __________ b. Articulable Reasonable Suspicion of Criminal Activity +Stop +Suspicion of Danger= __________ c. Articulable Reasonable Suspicion of Criminal Activity + Stop +Suspicion of weapon= __________ (to retrieve the weapon only)

Sole Justified

Officer safety and the safety of others is the __________ limited purpose of the frisk; meaning, the officer is only __________ in a check for weapons.

Minnesota v. Dickerson Immediately apparent Inadmissable

_________: The U.S. Supreme Court held that the officer can seize non-weapons contraband if it is __________ that it is contraband; however, in this case he proceeded to "squeeze, slide, and manipulate it" in an effort to determine if it were contraband. Therefore, it was not contraband. The Court considered the evidence __________.

Hayes v. Florida Without Insufficient Does not Promptly

__________ (1985): Police transported a suspect to the police station for fingerprinting __________ consent, probable cause, or a warrant. The Court held that reasonable suspicion is _________ by itself to conduct a stationhouse detention for fingerprinting. The Court added that field detention for fingerprinting __________ require probable cause if: a. There is reasonable suspicion that the suspect committed the criminal act b. There is a reasonable belief that the fingerprinting will either negate or establish the suspect's guilt c. The procedure is __________ effectuated.

Whren v. U.S. Subjective Objectively reasonable

__________ (1996): Officers stop the defendant for a traffic infraction; however, they admit that they wanted to stop him for reasons not by itself reasonable suspicion for the stop. The Court ruled that the basis of the analysis under the Fourth Amendment is not on the __________ intent of the officers, but rather whether their actions were __________. The valid traffic infraction is the lawful basis of the stop and not the subjective intent of the officers.

State v. Morgan Poorly lit late at night

__________ 59 So.3d 403 (LA 2011): Unprovoked flight from clearly identifiable officers in a low crime area, __________, is also reasonable suspicion to stop.

State v. Alverez Runs off Arrest

__________, 31 So.3d 1022 (LA 2010): Uniformed officers conducted a traffic stop. They observe a nervous subject hiding behind a building, observing them closely. They ask him to speak with creating the reasonable them. He __________, creating the suspicion to stop. While running, the subject discards a gun from his waistband, establishing the probable cause to __________ the subject. Hot pursuit of the subject into the apartmernt was therefore objectively reasonable.

State v. Benjamin Is Not

__________, 722 So.2d 988 (LA 1998): LA Supreme Court ruled that unprovoked flight from a clearly identifiable law enforcement officer while holding his waistband __________ reasonable suspicion, justifying a pursuit and stop, but __________ necessarily an arrest by itself.

Drug Courier Profile Soley Totality of the circumstances Reasonable suspicion

__________: A set of identifiers developed by law enforcement agencies describing the types of individuals who are likely to transport drugs. A stop cannot be based __________ upon drug courier profile. The facts taken in the __________ must establish __________. United States v. Sokolow (1989)

Fishing expedition Not lawful

__________: An act to see if some type of usable evidence can be found on the suspect, frequently referring to those general searches not based upon a particular objective basis for establishing reasonable suspicion. The sole purpose of a frisk is for officer safety. If the officer's purpose for a frisk is deemed to be a fishing expedition for evidence, that frisk is __________.

Terry v. Ohio Unusual conduct Specific and articulable facts

__________: An investigatory stop does not constitute an arrest and is permissible when prompted by both (1) the observation of __________ leading to a reasonable suspicion that criminal activity is about to take place and (2) the ability to point to __________ to justify that suspicion. After the stop, the tocasbi. officer may frisk the person if the officer reasonably suspects personal danger to himself or herself or to other persons.

Factory Survey Does not constitute

__________: Immigration officials practice of conducting surprise visits to factories and asking employees questions to determine if they are illegal aliens. Immigration and Naturalization Service v. Delgado, 1984. The Court ruled that this type of brief questioning __________ a seizure under the Fourth Amendment; therefore, no reasonable suspicion is required.

Reasonable Suspicion Less than More than Reasonable Suspicion Totality of the circumstances

__________: It is an imprecise standard. It __________ Probable Cause, but __________ a mere suspicion. Based upon facts and circumstances observed as well as the individual officer's training, experience, and knowledge. __________ like probable cause is determined by the __________ and whether the detaining officer has a particularized and objective basis for suspecting wrongdoing.

U.S. v. Flores-Montana Expectation of Privacy

__________: The Court held that the government's authority to conduct suspicionless inspections at the border includes the authority to remove, disassemble, and reassemble vehicle's fuel tank. "The __________ is less at the border than it is in the interior."

Illinois v. Wardlow High crime area

__________: Unprovoked flight from a __________ is reasonable suspicion to stop and detain.

Less intrusive Full search Probable cause Reasonable Articuable Suspicion Weapons Officer Safety

A frisk differs from a full search in that it is a __________ form of a search limited to the outer clothing. A __________ into clothing, pockets, etc. would require __________. A frisk is permitted if the officer has a __________ that the person being detained may be in possession of a __________. Therefore, the sole legal purpose for a frisk is __________ or more precisely, the purpose is locating a weapon and weapons, only.

Not automatically

A frisk is __________ justified on every stop.

Vehicles Reasonable suspicion

A frisk is not only for persons but also for __________. A frisk can also be conducted of the interior passenger compartment for weapons, when there is _________ for the frisk.

Armed and dangerous Totality of circumstances

A frisk is reasonable only for the purpose of dispelling the officer's concern that the subject being stopped may be __________ and __________ to the officer or to others based upon the __________.

Probable cause

For a Frisk to become a search, requires that we have either __________ or some other exception to the rule such as consent, exigent circumstances, search incidental to arrest, plain view, plain feel, etc.

Unusual conduct Identify him or herself as a police officer Make reasonable inquiries

For the stop to be valid the officer must -Observe __________ that leads him or her reasonably to conclude, in the light of his or her experience, that (1) criminal activity is about to take place, is taking place, or has just taken. o In the course of investigating the suspicious behavior the officer must -__________ -__________

Felt Retrieve

If a weapon is __________, the officer may _________ and arrest if appropriate.

Fingerprints Photographs Conducting police lineups Securing identification Other types of evidence

Stationhouse Detention takes place at the police station and is used for obtaining? (5)

Outer clothing

The frisk must be limited to __________.