2. Police Information: Observations

Question 1

What are the 4 CONSTITUTIONAL INTRUSIONS performed by officers that the constitution regulates?

Answer 1

I-Investigative detentions
F-Frisks
A-Arrests
S-Searches

IFAS - INTRUSIONS

Question 2

What must officers have sufficient evidence of to justify their intrusive activity?

Answer 2

Sufficient information. The more invasive the conduct, the more information police must possess

If officers want to detain a citizen, or perform a limited to check for weapons, they need reasonable suspicion.

But if they arrest the person and search him, they must have a higher degree of information, probable cause

Question 3

Name two more constitutionally significant activities undertaken by police:

Answer 3

1. Identifying perpetrators
2. Interrogating suspects

Question 4

An INTUITIVE or GUT feeling about something often described by officers instinct

Answer 4

A HUNCH = FE

Permissible conduct of a hunch is a field-encounter. (FE)

Question 5

Officers observed and speak with a subject however officers cannot detain the subject if he or she wants to leave.

Answer 5

Field encounter

Question 6

Concrete information: More than a hunch and involve specific facts that lead police officers to suspect:

1. Criminal activity has is or Will occur and sometimes.
2. That the suspect may be ARMED and dangerous.

Answer 6

Reasonable suspicion (conduct investigative detention)

Question 7

Investigative, detention, and/or frisk.

Answer 7

If a crime suspected, then conduct an investigative detention

If crime and weapons suspected, then frisk

Question 8

More likely than not (51%)

Answer 8

Probable Cause: (Arrest)

1. Trustworthy
2. Facts and inferences
3. Reasonable person
4. More likely than not
5. The suspect has committed or is committing a crime &
6. Evidence will be found in a particular place.

Question 9

When probable cause exists what should I do?

Answer 9

1. Charge a crime by warrant or arrest or complaint.
2. Search for evidence with or without a warrant.

Question 10

To a moral certainty evidence convinces the judge or jury of the guilt of the accused beyond this standard?

Answer 10

Proof Beyond a Reasonable Doubt

Note : Not beyond all possible doubt, but to a high degree of certainty

Question 11

What is the difference between reasonable suspicion and probable cause?

Answer 11

The amount of information- the Degree of Certainty

1. Reasonable suspicion requires concrete information (30%)
2. Probable cause requires more likely than not (51%)

Question 12

What is the least amount of information needed to lawfully detain a citizen, and sometimes frisk for weapons?

Answer 12

Reasonable suspicion

Question 13

For criminally charging suspects or searching for evidence officers must have what?

Answer 13

Probable cause

Question 14

What are the similarities of probable cause and reasonable suspicion?

Answer 14

Trustworthiness.

This comes from their personal observations, and/or information provided by other people - secondary sources.

Question 15

Officers must deal in fact, not assumptions and innuendo. What instead must they rely on when JUDGING reasonable suspicion or probable cause?

Answer 15

Facts and inferences - reasonable deductions from the facts they learn

Another name for inferences is circumstantial evidence.

Question 16

Probable cause and reasonable suspicion are concerned with probabilities …the factual practical considerations of every day life, what is this standard known as?

Answer 16

Reasonable person standard this is an objective test. The circumstances must justify the action taken.

Officers do not have to show that the information they rely on in the field will be admissible at trial

Question 17

What is evaluated during an investigation to determine if reasonable suspicion or probable cause exists?

Answer 17

The collective knowledge of the officers.

Question 18

High crime nature of an area is only relevant if it can directly connect the activity being investigated:

Answer 18

Without evidence of a direct connection to their suspects, the high crime nature of an oral overall area will not be relevant

The history of a location is never by itself justification to stop someone

Question 19

If something is out of character with a particular location, does this rise to the reasonable suspicion standard?

Answer 19

Yes, may detain a suspect, however, insufficient suspicious activity provides no basis for detention ALONE.

Question 20

Can a violation of a bylaw or ordinance justify an investigative detention?

Answer 20

Yes, it also may justify an arrest depending on the particular bylaw (example Boston’s public drinking ordinance)

Question 21

What happens if I find contraband on a suspect?

Answer 21

May detain or arrest.

Question 22

Does concealing an item, or transferring it to another indicate criminal conduct?

Answer 22

Yes, this is an example of a “silent movie” a view through the eyes of an experienced officer. This will establish probable cause.

Question 23

Are officers required to see the item (contraband) Or object exchanged?

Answer 23

The answer is NO!

It would critically handicap law-enforcement to require every circumstance that an officer not only witness in a parent exchange, but also see what object was exchange before making incident arrest consider the following

Suspect drug history
A public exchange is not

There must be proof and exchange took place, especially with multiple people presents

Question 24

Does pre-detention flight contribute to reasonable suspension?

Answer 24

Yes.

The fact that a person is visibly nervous, fleas or hides, MAY contribute to reasonable suspicion

A companion flight MAY support reasonable suspicion

However, flight CANNOT BE the major factor for reasonable suspicion. There are other reasons, other than guilt wide citizens, especially minorities, might want to avoid police contact.

Question 25

A persons, criminal record, reputation or association with criminals, may help create or be a factor in reasonable suspicion or probable cause, however:

Answer 25

There are limitations on use of a prior record. A prior record will not buy itself justify police attention. Any prior offenses must be sufficiently recent and similar to the crime under investigation.

Question 26

Do evasive or implausible answers contribute to reasonable suspicion or probable cause?

Answer 26

Yes, as due statements by companions, or knowing undisclosed facts about the crime under investigation

Also, lack of cooperation with an investigation will help establish probable cause

Question 27

Can you detain a suspect that resembles the description of a perpetrator?

Answer 27

Yes, a closer match will result in probable cause once to change this is a field identification

Question 28

Can a police investigative technique support reasonable suspicion or probable cause?

Answer 28

Yes. (Examples would be dusting for fingerprints inside a locked vending machine, or a simple as following footprints in the snow).

Question 29

What is the level of information needed for a motor vehicle stop based on a traffic infraction

Answer 29

Reasonable suspicion of a civil infraction

May not be based on an anticipated violation

May not stop a vehicle to serve a civil abuse order

May not unreasonably delay a traffic stop after the violation occurred

Legitimate investigatory motives do not invalidate a civil infraction stop

Question 30

Who raises the issue of a biased traffic stop and what level of information is needed?

Answer 30

The defendant must have reasonable suspicion.

In a written motion that defense counsel must present reasonable suspicion that bias play a role in the stop

Question 31

In the defenses attempt to prove bias in a motor vehicle stop, what factors will the court use to decide if this actually occurred?

Answer 31

Agency policy and procedures regarding traffic stops

Officers regular assignments

Officers enforcement patterns

Sequence of events prior to the stop

The way the officer conducted the stop

The safety interest at stake and enforcing the violation

Question 32

Who has the burden to disprove reasonable suspicion of police bias existed on a traffic stop?

Answer 32

Burden on prosecutor to rebut, reasonable suspicion if fails judge will typically suppress the evidence. This is a rebuttal by preponderance of the evidence.

Question 33

What is key to disproving police bias and traffic stops?

Answer 33

The key is police testimony. remember the burden is on you to disprove.

Be familiar with your agency policy because these bias issues are are usually addressed there

State your personal commitments to avoid this, and that you are aware of personal biases

State your assignment and the emphasis of traffic safety in the nature of traffic enforcements

Question 34

Can a traffic stop still be based on marijuana odor smoke or visible use?

Answer 34

Yes, and a $500 civil fine for possessing an open container of marijuana is permissible

Question 35

What are the three classifications to describe how officers assess information from license plates?

Answer 35

Suspicion based
Suspicion less - running plates
Random - ALPR

S
S
R

Question 36

What is prohibited when accessing CJIS database information?

Answer 36

Bias agenda and personal agenda.

Question 37

Is community caretaking a legitimate reason to stop a vehicle?

Answer 37

Yes, if a driver or passenger are at risk. a legitimate belief that a driver or passenger may be ill based on driving behavior, however, never rely on a traffic stop based on a lost motorist

Question 38

Can you perform a traffic stop of a motor vehicle based on reasonable suspicion of a minor crime?

Answer 38

Yes, some examples are trespassing, littering, or underage drinking

A meaningless ride may be considered a factor for reasonable suspicion, based on time, place and type of activity

Question 39

What are neutral behavior clues?

Answer 39

This is a good phrase to describe factors unconnected to a suspect race/ethnicity that officers rely on for a reasonable suspicion or probable cause (jiggling the door knob of a closed business, backing into a parking space to facility they could get away with headlights off, the meaningless ride of drug dealers, etc.)

Question 40

Is the test for reasonable suspicion and probable cause objective or subjective?

Answer 40

Objective.