Arrests Flashcards
Could a Terry Stop turn into an arrest?
Yes. A terry stop-frisk requires reasonable articulable suspicion. But if the officer finds probable cause, then the officer may arrest the individual, and do a Robinson search incident to arrest.
What is a “De facto” arrest found in Dunaway v. New York (1979)?
When the police force an individual to go somewhere (police station, etc.) where the individual does not want to go but is forced anyway, it is a de facto arrest. Simply because the police do no “book” the individual, or tell him he is under arrest, does not mean an arrest did not occur. Anything that exceeds a Terry Stop is a de facto arrest.
Under the Royer case, when does a terry Stop become an arrest?
A Terry Stop can move from a limited stop to an arrest based on the totality of the circumstances. But, for this to take place, the police must have probable cause for the arrest.
Can unprovoked flight allow for reasonable articulable suspicion to be present?
It can have an impact. Under Illinois v. Wardlow (2000), an individual running from the police unprovoked creates reasonable articulable suspicion for the police to commit a Terry Stop to do further examination.
How long may the Police hold someone during a terry stop without it becoming a De Facto Arrest?
The court will examine the totality of the circumstances to determine if the terry stop become a de facto arrest. This line sits somewhere between 20 minutes (U.S. v. Sharpe found 20 minutes was fine) and 90 minutes (U.S. v. Place found 90 was not).
Can an officer rely on a tip to commit a Terry Stop?
Court states it is okay to rely on an informant to commit a Terry Stop. They do not need to see things with their own eyes to have reasonable articulable suspicion.
Can the officer rely on an anonymous tip to commit a terry stop?
Yes, but they must corroborate the evidence with other evidence because they can act on it. The information must also be predictive of a crime, not simply explain the physical being of the individual. All this taken together must be enough to show reasonable articulable suspicion of a crime.
What are the three types of traffic stops?
1) Police have probable cause to pull person over and do a Robinson search/arrest.
2) Police have reasonable articulable suspicion to pull the car over and do a further investigation.
3) Police pull individual over for a traffic violation and issue a citation with probable cause for it.
Is the usual traffic stop closer to an arrest or a Terry Stop and why?
The usual traffic stop is closer to a Terry stop than a formal arrest. For this reason, the traffic stop must be limited to a reasonable period of time to get/give a ticket, and once it gets past this point, it gets closer to a de-facto arrest. But, if they can demonstrate reasonable articulable suspicion, the time becomes longer than it would be otherwise.
Can the police run a drug dog around a vehicle stopped for a traffic violation?
Under Illinois v. Caballes (2005), SCOTUS holds the analysis that must be done is:
1) Did the police have probable cause for the stop?
2) Was the individual stopped for a reasonable amount of time?
3) Did this maintain the requirements of a binary stop?
Basically, within a traffic stop context, the scope of Terry does not matter as long as the above inquires occur within a reasonable amount of time.
But, Rodriquez requires the police to do the dog sniff within the reasonable, objective amount of time that a normal traffic ticket would occur in.
Can the police question the individuals within the vehicle while doing a traffic stop about anything? Or is it limited to the scope of the stop?
This is fine. As long as the officer does not make the stop longer than it would reasonably be without the questions, there is no problem.
