2nd class

Question 1

Can you use your naked ear to eavesdrop on conversations?

Answer 1

• YES

Question 2

seizure of a person

Answer 2

• 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).

Question 3

seizures of property

Answer 3

• some MEANINGFUL INTERFERENCE with the suspects property.

Question 4

3 types of police encounters:

Answer 4

1) voluntary/consensual encounter
2) investigative detention
3) arrest

Question 5

voluntary/consensual encounter

Answer 5

• no level of suspicion required, a hunch or less.

Question 6

investigative detention

Answer 6

• requires reasonable suspicion (terry stop)

Question 7

arrest

Answer 7

• requires PC

Question 8

Can a suspect terminate a consensual encounter?

Answer 8

YES

Question 9

when does a consensual encounter become a seizure?

Answer 9

• handcuffing
• pointing a firearm at a suspect
• holding on to personal items
• using accusatory or threatening language

Question 10

facts of Terry vs Ohio:

Answer 10

• 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.

Question 11

reasonable suspicion

Answer 11

• more than a hunch
• particularized facts that a crime is
  - occurring,
  - has occurred,
  - or is about to occur
• based on totality of circumstances

Question 12

what facts establish reasonable suspicion?

Answer 12

• 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

Question 13

can force be used during a terry stop?

Answer 13

YES, if the force is reasonable and necessary to conduct the detention.

Question 14

how long can you detain a person?

Answer 14

• a reasonable amount of time

- you must use due diligence to either establish PC or release the suspect.

Question 15

how a terry stop can turn into an arrest:

Answer 15

• 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

Question 16

when do you perform a terry frisk?

Answer 16

• if you have RS the person is armed and dangerous

Question 17

what can you do during a terry frisk?

Answer 17

• 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

Question 18

what facts give us reasonable suspicion that suspects are PAD?

Answer 18

• bulge in pocket
• furtive hand movements
• nature of crime
• reputation for carrying weapons
• reputation for violence
• behavior/words

Question 19

what crimes allow you to terry frisk?

Answer 19

• aggravated assault
• burglary
• robbery
• trafficking drugs/possession with intent/sale
• any offense involving tools

Question 20

plain touch doctrine

Answer 20

• allows you to seize illegal items that are in plain view during a terry frisk

Question 21

elements of plain touch doctrine:

Answer 21

• requires a lawful frisk
• items incriminating nature must be immediately apparent based on training and experience.
• no manipulation to determine incriminating nature