4A: Temporary stops Flashcards
Stop-and-frisk stops
A Terry stop is when an officer stops an individual when the officer has a reasonable suspicion, based on articulable facts, to believe the suspect is or is about to be engaged in criminal behavior.
Terry stops are considered to be noncustodial, as they are a “limited and temporary intrusion.”
During a Terry stop, an officer can pat down a detainee for weapons (for her own safety) but cannot frisk for evidence unless an exception applies.
Stop-and-frisk stops: evidence
During a Terry stop, an officer cannot frisk for evidence, unless:
(1) The pat down reveals objects whose shape makes their identity—e.g., as contraband—obvious. The officer can then seize those objects;
(2) If probable cause develops during a Terry stop, the officer can then make an arrest.
Ordinary traffic stops
Officers must have a reasonable suspicion to stop a car.
Once there is a lawful stop, officers may pat down an occupant for weapons if they have a reasonable suspicion that the person is armed.
Checkpoint traffic stops
Police may stop an automobile at a checkpoint without reasonable, individualized suspicion of a violation of the law if:
(1) the stop is based on neutral, articulable standards; and
(2) its purpose is closely related to an issue affecting automobiles.
A roadblock to perform sobriety checks can be constitutionally acceptable.
Checkpoint traffic stops: information checkpoints
Police may set up of checkpoint for the purpose of seeking information about a crime without violating the constitutional rights of a driver who is stopped, as long as:
(i) the checkpoint stop’s primary law enforcement purpose is to elicit evidence to help them apprehend not the vehicle’s occupants but other individuals;
(ii) the stop advanced a public concern to a significant degree; and
(iii) the police appropriately tailored their checkpoint stops:
(a) to fit important criminal investigatory needs; and
(b) to minimally interfere with liberties protected by the Fourth Amendment.
Searches incident to arrest: automobiles
In order to justify a warrantless search of an automobile incident to arrest, law enforcement must demonstrate either:
(i) that the arrestee is within reaching distance of the passenger compartment at the time of the search and, as a result:
(a) may pose an actual and continuing threat to the officer’s safety or
(b) present a need to preserve evidence from being tampered with by the arrestee; or
(ii) that it is reasonable that evidence of the offense of arrest might be found in the vehicle.
I.e., the officer cannot arrest a person, put her the back of a squad car, and then go back and conduct a search of the car unless it is reasonable that evidence of a violation would be found in the vehicle.
Inventory searches
When the police arrest a driver and impound her car, the car may be searched for inventory purposes.
Checkpoint traffic stops: neutral standards
Random stops do not qualify for the checkpoint stop exception to reasonable suspicion.
Unlawful investigatory stops
The development of reasonable suspicion during an unlawful investigatory stop does not lead to a valid search incident to an arrest.
Checkpoint traffic stops: drug checks
Roadblocks to perform drug checks have been found unconstitutional.
