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Criminal Procedure > 4. Encounters & Investigative Detentions > Flashcards

4. Encounters & Investigative Detentions Flashcards

1
Q

Who ultimately reviews my decision to DETAIN and/or FRISK

A

Ultimately subject to review by a JUDGE.

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2
Q

During my investigative detention is the suspect free to leave?

A

No, since a detention is brief, it does not to need to be based on probable cause like an arrest. However, it’s still must be based on something more substantial than a hunch, the middle ground between hunch and probable cause is reasonable suspicion.

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3
Q

If I have reasonable suspicion, do I automatically get to frisk?

A

Absolutely not. A frisk requires reasonable suspicion that a suspect is armed & dangerous while committing a crime.

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4
Q

What do police need for a seizure?

A

A show of authority: (RPC)

R-Restraint
P-Pursuit
C-Command

A detention or seizure occurs when a police officer engages in a show of authority.

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5
Q

What is the most obvious detention?

A

When an officer physically restrains a person

Incidental touching is not a detention

Blocking the path of a suspect/vehicle , is considered a detention

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6
Q

Under article 14, Officer seize a citizen when they initiate this with the intent to detain them for questioning:

A

A PURSUIT

FYI, the opposite of pursuit is surveillance. Surveillance is not a detention because there is no assertion of authority.

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7
Q

Officers must consider their suspect’s age in deciding whether behavior constitutes a detention.

A

Officers must anticipate juveniles will react differently than adults to police authority, juveniles view police communications as more coercive than adults

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8
Q

Is it considered a show of authority if officers run after a person?

A

Officers must engage in a show of authority even if they’re running after somebody also, following an individual is not a detention officers may approach or follow suspect in their cruiser

Approaching a stationary vehicle to check, its occupants is not a detention typically

Following a motor vehicle and checking, the status of the stationary, moving vehicle is not a detention

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9
Q

Police do not detain an individual when they identify themselves and ask questions in a normal tone of voice

A

A detention only occurs when an officer speaks in an authoritative manner

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10
Q

An officer’s unspoken decision to detain is irrelevant in deciding what?

A

Whether a citizen has been seized, the sole issue is how the officer outwardly communicates.

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11
Q

Is reasonable suspicion required to ask someone to show their hands?

A

This request is not so intimidating that it converts an encounter into a detention requiring reasonable suspicion

Officers may also confiscate a visible weapon during their search interaction with a citizen

Someone searching themselves is not a detention

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12
Q

What is the opposite of normal communication?

A

AUTHORITATIVE communication. A detention does occur when a police comment makes a person believe he or she must stay.

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13
Q

Is checking somebody’s identification is a seizure?

A

Yes. This is because nobody will walk away once police take a license to go run it. However, if Police asked for a name and date of birth, they may go run that in WMS and that is not a seizure.

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14
Q

With the understanding that reasonable suspicion is needed for an investigative detention. How must this be initiated?

A

Reasonable force, depending on the situation. Proportionate force may be used to conduct a lawful detention.

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15
Q

What is needed for me to approach a situation with gun drawn?

A

Serious Potential Danger (SPD)

Specific information, suggesting a suspect, is armed, relevant criminal history to prior incidents, while keeping in mind, tactics and training (ready position versus pointing weapon).

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16
Q

What is legally acceptable for pre-arrest handcuffing?

A

Suspect is possibly armed

Suspect is a flight risk
Precarious location (alone on a roof example)

One-on-one or outnumbered (Also, may place uncuffed in the back of cruiser)

Nighttime interaction suspect is struggling with officer

Keep in mind, acts of restraint become improper in less dangerous situations

All of these above tactics implemented with reasonable force .

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17
Q

What limits the scope of an investigative detention?

A

Time, Activity, Location (TAL)

An investigative detention is limited by time, activity, and location. If officers exceeded its proper scope, they transform the detention into an invalid arrest lacking probable cause.

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18
Q

What is the time period for a detention?

A

There is no set time. It must take no longer than necessary to investigate the circumstances giving rise to the officer suspicion

Typically warning bells should go off after about 15 minutes

If too much time goes by, it could turn into an arrest

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19
Q

If you have reasonable suspicion, may you demand to see a suspect ID and check for outstanding warrants?

A

Yes, this is a permissible, investigative activity, check identity and warrants

However, if you lack, probably caused to arrest citizens, they do not have a general legal obligation to identify themselves, and may not be detained indefinitely

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20
Q

May I take a suspect photo and/or prints during an investigative detention?

A

Yes, this is permissible Supreme Court ruling provided that officers have reasonable suspicion and a reasonable basis for believing that fingerprints will establish or negate the suspect connection with that crime, and that this is a procedure carried out quickly

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21
Q

What is the most common way officers elevate from reasonable suspicion to probable cause?

A

A good field interview. Interview suspect and witnesses

Suspect provides implausible or false responses or

another source furnishes incriminating information.

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22
Q

Can I conduct a show up identification during a detention?

A

Yes, this is permissible more info on this in chapter 25

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23
Q

During a detention, what could moving a suspect transform into?

A

This US Supreme Court ruling determined that moving a suspect, usually transforms a detention into arrest. However, there are exceptions:

May move a suspect for an identification show up at another location

For safety reasons (angry crowd, threatened safety example)

Clear consents (Suspect not considered under arrest and voluntarily accompanies officers to station)

24
Q

Investigative detentions and traffic stops & initial interactions:

A

Tell motorist the reason for the stop during the initial approach

You MAY shine your light into the vehicle

Request to roll down window is proper

Ok to insist, motorist, hand, licensing, registration over you

OK to have brief conversation with driver ideally before checking the status of license and registration

25
Q

May I check the VIN on a vehicle stop?

A

Yes, this is part of the regulatory system designed to prevent auto theft and insurance violations. For this reason I may see the VIN and use the most least intrusive means to view it.

I may enter if the VIN is obscured, and the occupant is unavailable to remove the obstruction. However, this does not allow me to inspect the inside of the vehicle.

26
Q

Can I detain a passenger during a stop based solely on the driver civil motor vehicle infraction?

A

No, if they passenger wants to leave, let them walk away. If it is safe insist, they remain in the vehicle noncompliance may result in disorderly or interfering with a police officer.

27
Q

Can I request a passengers identification?

A

ONLY for a legitimate purpose! Listed below:

They pose a safety risk

They’ve committed civil infraction (no seatbelt)

Can help resolve the violation (JOL example)

They are involved in criminal conduct

Are involved in unsafe or improper conduct

They are a witness to a crime (operator under arrest for oui)

28
Q

If officers legitimately obligated to request passenger identification, you may prolong the stop to dissolve the discrepancy

A

For civil violations, combined with discrepancies and identification, OK to exit vehicle, see Carolyn Mansi court example commonwealth v obiora

29
Q

In Massachusetts do we have automatic exit orders?

A

Article 14 prohibits automatically ordering a driver or passenger to get out of a car

30
Q

What are the four reasons for an exit order?

A

P-Police Function
I-Investigation
C-Community Caretaking
O-Officer Safety (may rely on a source with unknown reliability)

PICO

31
Q

Can an exit order happen on less than reasonable suspicion?

A

Yes, because heighten vigilance is warranted given the number of officers killed and assaulted each year during traffic stops in the United States.

However, officers must have reasonable suspicion to frisk the occupants/vehicle

An exit order is designed to resolve a safety concern related to the car itself without having to engage in the greater intrusion of putting hands on the suspect to check his or her body for weapons

32
Q

If I order an exit order, can I automatically frisk the occupants?

A

No, there must be separate reasonable suspicion for this. The exit order is related to the car.

For the body, officers must decide whether they saw and/or learned about in occupant, adds up to reasonable suspicion that he is armed in dangerous. That separate assessment is necessary to perform a frisk.

33
Q

If I am outnumbered during a suspicious traffic inquiry, may I take the drivers keys?

A

Yes. SJC approved

When outnumbered, having the driver turn off the engine and surrender keys was a limited protective step that ensures the suspect would not drive away.

34
Q

When is a FRISK justified?

A

A frisk is only justified on a reasonable suspicion subject is armed and dangerous!

35
Q

If I may frisk during a traffic stop based on reasonable suspicion of weapons, am I allowed to handcuff?

A

It depends- just because a frisk is justified, does not mean that pre-handcuffing automatically follows officers must have a reason why an extra restraint provided by cuffs is necessary.

36
Q

Key factors contributing to an exit order AND a reasonable suspicion to frisk.

A

Initial failure to stop

Officers outnumbered (cannot rely on this alone)

Removal of seatbelts (suggest that occupants may be preparing to flee on foot)

Quick move to get out

Dangerous object in vehicle (Acevedo arrest of passenger near a large knife tucked into center console)

Providing a false ID and movement (Carolyn Mansi stop example)

Creating a diversion. the example here is the guy who has always been compliant with the police suddenly has unusual behavior and challenging officers when he was known to be corporate lead detectives to believe he was distracting him from the vehicle

No license or registration in suspicious circumstances (however, do not overreact when an operator fails to produce these documents, especially if it’s an unremarkable traffic stop)

37
Q

Is it permissible to suggest the driver open the glove box to find the registration?

A

Yes, because it is a suggestion not an order to open the glove box.

38
Q

What level of information is needed to investigate and administer field sobriety tests?

A

Reasonable suspicion

39
Q

What level of information supports an exit order to investigate and administer field sobriety test

A

Reasonable suspicion

40
Q

What gives me probable cause to arrest somebody for OUI?

A

G-Glassy eyes
O-Odor of alcohol
S-Slurred speech

GOS

These factors alone even without sobriety testing justify an OUI arrest.

41
Q

Marijuana and traffic stops (operator, possibly under the influence of marijuana OR distributing marijuana)

A

Marijuana odor, smoke, or visible use provides reasonable suspicion to stop a vehicle for open container

Like any stop frisk occupants if they post a safety risk, however a protection concern must be based on more than marijuana odor and nervousness

Investigate OUI based on order alone. Marijuana odor is not PC to search but it is RS that the driver may be OUI.

Investigate, furnishing marijuana, if occupants under 21

Investigate drug distribution in inappropriate situations. Need more than social sharing to search for evidence of distribution. Don’t use federal law as an excuse to search for marijuana in Massachusetts.

Pursue applicable, civil infractions (you may ask for consent to search or demand that suspect turnover marijuana for forfeiture)

42
Q

How many ounces of marijuana can an adult legally give away?

A

1 ounce. The person transferring marijuana may not be compensated in exchange may not be advertised or publicly promoted.

43
Q

Is a K9 alert helpful in drug distribution investigations?

A

According to this book, a dog is not helpful because a dog cannot tell whether the amount of marijuana is legal or over 2 ounces need odor and a PLUS FACTOR!

44
Q

Blatant odor of marijuana is still not probable cause to search you still need plus factors (other indicators)

A

Report of sales (detectives observed a drug deal)

Dealer behavior (motor of marijuana, cash, and defendants meaningless ride probable cause)

Observable paraphernalia

Cash and aftermarket alterations

Prior criminal record for drug distribution (of course we live in Massachusetts so normal odor of marijuana in this factor do not create probable cause)

45
Q

If I have reasonable suspicion of any crime, will that justify an exit order?

A

Yes, occupants, possibly involved in any crime justifies an exit order

Multiple occupants and exit order prevent suspects from collaborating

Reasonable suspicion that a passenger lied about his identity justifies an exit order also

46
Q

What other police actions justify an exit order?

A

Removing all occupants is necessary before K9 search for evidence

Motor vehicle inventory

Community caretaking, learning, whether an occupant needs help (by the way, asking for license and registration permitted during community. Caretaking interaction.)

47
Q

Why are police allowed to ask for license and registration during a community caretaking interaction?

A

For making reports of contact with citizens

Officers must know whom they are assisting in the event of a Citizens complaint

Even seemingly innocent activities may turn out to be criminal

48
Q

What level of information is needed for K9 use during a drug investigation?

A

Reasonable suspicion required for K9 sniff.

49
Q

How come a dog sniff is not a search requiring probable cause?

A

Because the dog visibly reacts only to narcotics. Citizens do not have an expectation of privacy concerning the odor of contraband emanating from their vehicles. (article 14.)

50
Q

Does a K9 search detain a motorist?

A

Yes, waiting up to one hour for a K9 is acceptable. Detaining a motorist for conducting a dog sniff is an intrusion that requires reasonable suspicion.

51
Q

What level of information does a K9 alert provide?

A

Probable cause to search, like all searches do.

52
Q

Do aftermarket alterations (hides) provide a reasonable suspicion for a K9 sniff?

A

Yes, this helps confirm suspicion that there may be possible contraband hidden in a secret compartment.

53
Q

May drug dogs be deployed during routine traffic stops?

A

Never

54
Q

What level of information is required for a K9 sniff of illegal firearms possession?

A

Reasonable suspicion is required for a canine sniff for illegal firearm possession.

55
Q

Detention & Frisk Overview

A

E-Environment
A-Advanced Information
S-Suspect Behavior
E-Expertise

EASE

Environment (character of the area)

Advanced information (dispatch report of crime or officer develops crime tip)

Suspect behavior and background (near scene of recent crime, matches description of offender, flight, or nervousness, record, reputation, and association.
Evasive or implausible responses. Unusual activity. (consider the time of day).

Expertise and experience of officer.

Criminal Procedure (25 decks)

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