5. Frisks Flashcards
Frisk foundation (level of information)
Must be based on reasonable suspicion that the suspect is engaged in criminal activity, and is armed and dangerous
If I have a reasonable suspicion of a crime, can I frisk?
No, unless you have indications he is armed and dangerous.
Can I just use “ in fear for my safety “ to justify a frisk?
No, you must explain frisk decision because it is a serious intrusion upon the sanctity of a person (Terry v Ohio).
You must be aware of specific facts to create a reasonable belief of danger.
What is the most important factor in deciding whether to frisk?
The crime under investigation
Other factors to consider, when deciding to frisk
The environment and time of day
Past criminal incident in an area are relevant
Shot spotter properly lead officers to frisk
Prior information, a suspect may justify a frisk (a suspects prior record for weapons, possession or other dangerous conduct is a key factor)
Officers may not frisk and individual based solely on the particular gang (W street gang) or organization (hells angels) he belongs to, but it could be a significant factor
Can police account for a suspects dangerous reputation in deciding to frisk?
Yes
Does a suspects nervous movements, demeanor, speaking style have an impact on the decision to frisk?
Yes, it can be a factor of, however nervousness of an unknown citizen may not be the primary factor
Inconsistent nervous behavior of a known citizen is very relevant however may not be the primary factor
In regards to frisk, what does the SJC not like?
Consent to frisk
Does evasive behavior contribute to reasonable suspicion?
It does unless you are minority, then it is less significant.
If a suspect fails to obey my reasonable commands, does that justify a frisk?
Yes, for example keeping hands in pockets may justify frisk in close cases. If an officer tells somebody to take their hands out of their pockets presumably, this is intended to avoid any need for a frisk. However, when they disregard this request, then a frisk becomes necessary.
If I ask a suspect to take their hands out of their pockets and they do, can I still frisk?
No, the need to frisk evaporates unless other information indicates a possible weapon.
May I automatically frisk the companion of a person under arrest?
Under article 14 NO!!
You must be able to articulate independent reasonable suspicion that a companion might be armed and dangerous in your decision whether to frisk said companion, you may consider the nature of the crime and the nature of the relationship to the arrestee.
However this is allowed under the federal Constitution known as the “automatic companion” rule. Become an FBI agent then.
What is the deal with frisk as it relates to giving people a ride in cruisers?
Excepting a ride is not a consent to frisk however, officers may insist that a person consents to a frisk in exchange for being given a ride and a police cruiser.
At what point in an interaction with somebody should a frisk occur?
As soon as the officer develops reasonable suspicion for it however remember the Trooper Schumacher case when a risk may be delayed for a legitimate tactical reason
What is the scope of a frisk to search for weapons?
A frisk extends to those areas where the suspect might realistically gain access to a weapon.
Frisk a suspect first, because they can access weapons easily as a general rule .
With reasonable suspicion of a suspect being armed and dangerous, how should officers conduct a frisk?
Pat the outer clothing and remove any item that might be a weapon.
Pat down the suspect first do not lift his clothing .
With reasonable suspicion of a suspect being armed, what did the appeals court recognize as two instances where officers may forgo the Pat down?
The police have specific information about the location of a weapon (example bulge in waistband)
The suspect may be reaching for a weapon when encountered by police
During a frisk can officer dialogue justify removing an object that is either weapon or evidence?
Asking suspects for explanations about objects is OK
What happens during a Pat Frisk and you immediately recognize evidence?
Plain feel occurs
Size, shape, texture, feel like (gun, drugs, contraband)
Verbal comments from the person being frisked do not nullify plain
Touching item a second time does not nullify plain feel
Proper method for frisking a suspect container depends on the type of container
The officer must do what is minimally necessary to discover whether it contains a weapon
If container contains specific information that it holds a weapon, what should officers do?
Open the container
If the container has a hard exterior, should officers open for a frisk?
Yes, the Frisk of a hard container will provide no useful information about its contents that would be pointless so you need to open it.
For a frisk should I open a heavy pliable container?
Yes. Frisking the outside of a heavy pliable container, will not reveal anything beyond what officers already know as a result officers will have to open that container up to see if it contains a weapon.
What is the permissible area to search when frisking a vehicle?
Extends to areas where the suspect realistically had, has, or will have access to a weapon.
At the same time, police are not authorized to Frisk every area that they suspect can possibly reach without having any evidence that he actually did sell (Gumby rule)
Is it OK to open up a locked glove box during a vehicle frisk?
Yes, Frisking this locked area was proper because it was easily accessible in large enough to hold a weapon
Can I open up a container that probably does not hold a weapon?
No, for example officers could not justify opening a small vitamin pill bottle inside the consul. The fact that pill bottle could theoretically hold a razor blade or pen gun was not a good enough reason there was evidence that tiny weapons have been spreading in the community.
Also, checking the trunk is usually forbidden. Maybe if concern for backseat passenger and vehicle has access from the backseat into the trunk, but remember the purpose of the frisk ensure the suspect not armed and dangerous can a driver reach into the trunk? No.
