(11) Criminal Procedure: Stop & Frisk Flashcards
Stop and Inquire
A police officer may stop and inquire if the officer (1) has reasonable articulable suspicion that (2) criminal activity is afoot.
Does Stop and Inquire allow for brief questioning?
YES
Terry Stop
Stop and Frisk
An officer with reasonable suspicion that a crime is in progress or has just been commited may conduct a brief investigatory seizure to confirm or rule out the suspiscion.
Terry Frisk
A policer officer may only stop and frisk a person if they (1) have articulable & reasonable suspicion; (2) that a person is armed and dangerous; AND (3) the frisk is limited to a patdown of the persons outer clothing to confirm or deny if they are armed under the plain feel doctrine.
An officer cannot manipulate items inorder to establish probable cause and seize.
Plain Feel Doctrine
Stop and Frisk
Under the plain feel doctrine an officer is limited to the suspects outer clothing to confirm or deny that the suspect is armed. The officer may only seize items they reasonably believe is contraband or a weapon during the frisk.
If the officer manipulates the item or does not reasonably believe it is a weapon and seizes it, this is beyond the scope and is unreasonable.
How long may an officer detain a person under Stop and Frisk
Stop and Frisk
May only detain for a period that is necessary verify or dispel the officers suspicions.
Can an officer conduct a dog sniff under Stop and Frisk?
Stop and Frisk
NO, this exceeds the scope.
Stop and Frisk - Car Rule
Stop and Frisk
An officer may search a cars compartments for weapons subsequent to a lawful stop if (1) the police has reasonable suspicion that the suspect is armed & dangerous and may gain immediate control of the weapon; AND (2) the search of the passenger compartment is limited to those areas in which a weapon may be placed or hidden.
Stop and Frisk - Home Rule
Stop and Frisk
An officer may conduct a cursory sweep of a home based on reasonable suspicion that others may be present and endanger the officer.
If an officer pulls over a car with a passenger and driver, can the officer legally stop both parties? can the officer legally frisk both parties?
Stop and Frisk - Car Rule
YES/ NO, the police is detaining both the driver and passenger but may only frisk the driver or the passenger if they have reasonable suspicion that person is carrying a weapon.
