2. Police Information: Observations Flashcards
What are the 4 CONSTITUTIONAL INTRUSIONS performed by officers that the constitution regulates?
I-Investigative detentions
F-Frisks
A-Arrests
S-Searches
IFAS - INTRUSIONS
What must officers have sufficient evidence of to justify their intrusive activity?
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
Name two more constitutionally significant activities undertaken by police:
- Identifying perpetrators
- Interrogating suspects
An INTUITIVE or GUT feeling about something often described by officers instinct
A HUNCH = FE
Permissible conduct of a hunch is a field-encounter. (FE)
Officers observed and speak with a subject however officers cannot detain the subject if he or she wants to leave.
Field encounter
Concrete information: More than a hunch and involve specific facts that lead police officers to suspect:
- Criminal activity has is or Will occur and sometimes.
- That the suspect may be ARMED and dangerous.
Reasonable suspicion (conduct investigative detention)
Investigative, detention, and/or frisk.
If a crime suspected, then conduct an investigative detention
If crime and weapons suspected, then frisk
More likely than not (51%)
Probable Cause: (Arrest)
- Trustworthy
- Facts and inferences
- Reasonable person
- More likely than not
- The suspect has committed or is committing a crime &
- Evidence will be found in a particular place.
When probable cause exists what should I do?
- Charge a crime by warrant or arrest or complaint.
- Search for evidence with or without a warrant.
To a moral certainty evidence convinces the judge or jury of the guilt of the accused beyond this standard?
Proof Beyond a Reasonable Doubt
Note : Not beyond all possible doubt, but to a high degree of certainty
What is the difference between reasonable suspicion and probable cause?
The amount of information- the Degree of Certainty
- Reasonable suspicion requires concrete information (30%)
- Probable cause requires more likely than not (51%)
What is the least amount of information needed to lawfully detain a citizen, and sometimes frisk for weapons?
Reasonable suspicion
For criminally charging suspects or searching for evidence officers must have what?
Probable cause
What are the similarities of probable cause and reasonable suspicion?
Trustworthiness.
This comes from their personal observations, and/or information provided by other people - secondary sources.
Officers must deal in fact, not assumptions and innuendo. What instead must they rely on when JUDGING reasonable suspicion or probable cause?
Facts and inferences - reasonable deductions from the facts they learn
Another name for inferences is circumstantial evidence.
Probable cause and reasonable suspicion are concerned with probabilities …the factual practical considerations of every day life, what is this standard known as?
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
What is evaluated during an investigation to determine if reasonable suspicion or probable cause exists?
The collective knowledge of the officers.
High crime nature of an area is only relevant if it can directly connect the activity being investigated:
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
If something is out of character with a particular location, does this rise to the reasonable suspicion standard?
Yes, may detain a suspect, however, insufficient suspicious activity provides no basis for detention ALONE.
Can a violation of a bylaw or ordinance justify an investigative detention?
Yes, it also may justify an arrest depending on the particular bylaw (example Boston’s public drinking ordinance)
What happens if I find contraband on a suspect?
May detain or arrest.
Does concealing an item, or transferring it to another indicate criminal conduct?
Yes, this is an example of a “silent movie” a view through the eyes of an experienced officer. This will establish probable cause.
Are officers required to see the item (contraband) Or object exchanged?
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
Does pre-detention flight contribute to reasonable suspension?
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.
A persons, criminal record, reputation or association with criminals, may help create or be a factor in reasonable suspicion or probable cause, however:
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.
Do evasive or implausible answers contribute to reasonable suspicion or probable cause?
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
Can you detain a suspect that resembles the description of a perpetrator?
Yes, a closer match will result in probable cause once to change this is a field identification
Can a police investigative technique support reasonable suspicion or probable cause?
Yes. (Examples would be dusting for fingerprints inside a locked vending machine, or a simple as following footprints in the snow).
What is the level of information needed for a motor vehicle stop based on a traffic infraction
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
Who raises the issue of a biased traffic stop and what level of information is needed?
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
In the defenses attempt to prove bias in a motor vehicle stop, what factors will the court use to decide if this actually occurred?
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
Who has the burden to disprove reasonable suspicion of police bias existed on a traffic stop?
Burden on prosecutor to rebut, reasonable suspicion if fails judge will typically suppress the evidence. This is a rebuttal by preponderance of the evidence.
What is key to disproving police bias and traffic stops?
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
Can a traffic stop still be based on marijuana odor smoke or visible use?
Yes, and a $500 civil fine for possessing an open container of marijuana is permissible
What are the three classifications to describe how officers assess information from license plates?
Suspicion based
Suspicion less - running plates
Random - ALPR
S
S
R
What is prohibited when accessing CJIS database information?
Bias agenda and personal agenda.
Is community caretaking a legitimate reason to stop a vehicle?
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
Can you perform a traffic stop of a motor vehicle based on reasonable suspicion of a minor crime?
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
What are neutral behavior clues?
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.)
Is the test for reasonable suspicion and probable cause objective or subjective?
Objective.
