2nd class Flashcards
Can you use your naked ear to eavesdrop on conversations?
- YES
seizure of a person
- a reasonable person would not feel free to leave and terminate the police encounter.
- based on an officers application of force (or citizens submission to officers show of authority).
seizures of property
- some MEANINGFUL INTERFERENCE with the suspects property.
3 types of police encounters:
1) voluntary/consensual encounter
2) investigative detention
3) arrest
voluntary/consensual encounter
- no level of suspicion required, a hunch or less.
investigative detention
- requires reasonable suspicion (terry stop)
arrest
- requires PC
Can a suspect terminate a consensual encounter?
YES
when does a consensual encounter become a seizure?
- handcuffing
- pointing a firearm at a suspect
- holding on to personal items
- using accusatory or threatening language
facts of Terry vs Ohio:
- involves terry stops and terry frisks
- you may detain citizens briefly to conduct investigations of criminal activity.
- you may frisk for weapons if you have suspicion the subject has a weapon.
reasonable suspicion
- more than a hunch
- particularized facts that a crime is
- occurring,
- has occurred,
- or is about to occur - based on totality of circumstances
what facts establish reasonable suspicion?
- criminal history of suspect
- BOLO
- nervousness
- flight
- time of day and reaction of suspect
- victims/witnesses
- anonymous tips/confidential informants
- observation of suspects behavior
- presence in high crime areas
can force be used during a terry stop?
YES, if the force is reasonable and necessary to conduct the detention.
how long can you detain a person?
- a reasonable amount of time
- you must use due diligence to either establish PC or release the suspect.
how a terry stop can turn into an arrest:
- if its a lengthy detention
- if the force is out of proportion to the facts
- if you handcuff and put them in back of patrol car
- forced movement from one place to another
when do you perform a terry frisk?
- if you have RS the person is armed and dangerous
what can you do during a terry frisk?
- a limited pat down of outer clothing looking for (weapons, hard objects).
- head to toe
- areas of immediate control (lunging area)
- BEWARE: officer is not limited to belt area during frisk
what facts give us reasonable suspicion that suspects are PAD?
- bulge in pocket
- furtive hand movements
- nature of crime
- reputation for carrying weapons
- reputation for violence
- behavior/words
what crimes allow you to terry frisk?
- aggravated assault
- burglary
- robbery
- trafficking drugs/possession with intent/sale
- any offense involving tools
plain touch doctrine
- allows you to seize illegal items that are in plain view during a terry frisk
elements of plain touch doctrine:
- requires a lawful frisk
- items incriminating nature must be immediately apparent based on training and experience.
- no manipulation to determine incriminating nature
