3rd class Flashcards
TERRY STOP of vehicles:
- must be based on RS
- examples of stops based on RS:
- traffic violations
- BOLO
- 3rd party information
(witness/victims)
what you can do on a Terry stop:
- order everyone out of the vehicle
- order everyone to remain in the vehicle
- use flashlight to illuminate the vehicle
- run license and registration checks
- questions about travel plans
TERRY FRISK of vehicles:
- RS to stop the vehicle
- RS suspect is presently armed and dangerous
- suspect MUST be occupant or recent occupant of the vehicle
- may frisk driver and vehicle for weapons only
scope of frisk of vehicle:
- entire passenger compartment
- unlocked containers ONLY (glove box, suitcase)
- GENERALLY CANT FRISK TRUNK!
pretextual stops:
- PERMISSIBLE if you have RS
- subjective motive for the stop was to investigate criminal activity the officer does not have reasonable suspicion to investigate
racial profiling:
- selective enforcement of law based on race!
DOJ guideline on racial profiling:
- prohibits use of race as sole factor to justify stops
- ex: race, gender, sexual preference, identity, national origin, religion
unlawful use of race:
- arrests or stops based on RACE or STEREOTYPES
lawful use of race:
- BOLOS
- national security (TERRORISM)
PC to arrest:
- facts and circumstances are sufficient to warrant a man of prudence in the belief that a crime was committed, and defendant committed that crime.
- DOES NOT REQUIRE 100% ACCURACY!
PC to search a location:
- facts and circumstances are sufficient to warrant a man of prudence in the belief that evidence of a crime will be found at the location searched at the time of the search
- 3 things needed to search a location:
1) crime committed
2) evidence exists
3) evidence in location
how to establish PC:
1) direct observation
2) officer senses
3) collective knowledge
4) training and experience
5) trained dogs
6) undercover operation
7) surveillance
8) victims/witnesses
9) anonymous tipsters/informants
1) direct observation
- observe crime in progress
2) officer senses
- smell of marijuana
3) collective knowledge
- many officers working together as a whole
- PC does not have to come from arresting officer
4) training and experience
- you can use it but can’t SOLELY rely on it
- YOU MUST HAVE SUPPORTING FACTS
5) trained dogs
- dog has to be well trained
6) undercover operations
- you may be able to use a wire
- contact AUSA first
7) surveillance
- follow target and make observations
- may use a tracking device without a warrant, consult AUSA first!
8) victims/witnesses
- courts see them as reliable
9) anonymous tipsters/INFORMANTS
- courts see them as unreliable
- MUST take extra steps to show they’re reliable
problems with confidential informants:
- ulterior motives
- intimately involved in criminal activity
- competitive
Aguilar test (to show informants are reliable):
- two prong test
- credible source:
a) proven track record of accuracy
b) statements against interest OR
c) corroboration - basis of knowledge:
a) first hand knowledge OR
B) intimate details about the crime
- credible source:
- IN ORDER TO PASS AGUILAR TEST YOU NEED ONE FROM EACH PRONG!
