Chapter 10 - Policing Legally; Street Encounters Flashcards
What is probable cause?
Reasonable cause or reasonable grounds to believe a subject committed a crime.
What is the exclusionary rule?
Evidence that is not obtained in a lawful manner during an illegal stop and frisk will not be admissible as evidence in court.
Why is Terry vs. Ohio considered to be a significant court case?
Terry vs. Ohio allowed PD to search and frisk under reasonable suspicion to believe a subject has a weapon concealed on his/her person.
Why is People vs. DeBour considered an important court case?
People vs. DeBour established the four tiered system that the Stop & Frisk procedure is based upon (Request for Information, Common Law Right of Inquiry, Reasonable Suspicion - SQF, Probable Cause - Arrest)
Explain Level 1 SQF - Request for Information
Non accusatory, request for information with no specific possibility of criminal activity. Police may not request to search, and the subject is free to leave at any time and can not be detained.
Explain Level 2 SQF - Common Law Right of Inquiry (Founded Suspicion)
Criminal activity is afoot, and officers are making the inquiry based upon suspicion of a crime. Officers may ask a person for permission to search but they are not obligated to allow the officer to do so. Subject is free to leave at any time and can not be detained but the officer can follow to continue questioning.
Explain Level 3 SQF - Reasonable Suspicion
Forcibly stop, detain and frisk with the intent to check for weapons based upon a credible source or reason to believe the subject is about to, has or is going to commit a crime.
Explain Level 4 - Probable Cause
Probably cause is when an officer has reason to believe that a subject is guilty of having committed a crime. At this point the officer can arrest based on search incident to arrest rule.
What are the elements of a constitutionally acceptable SQF?
Reasonable Suspicion, Stop and Detention, Use or reasonable force, within the GAOE, P/O may frisk under certain criteria, may conduct questioning about the crime, and lasts only a reasonable amount of time.
What is the GAOE for NYC Police Officers?
The 5 Boroughs in NYC
What is a frisk AND when can an officer complete one?
Frisk - an exterior search of a subject.
Frisk may be performed any time an officer has a suspicion that a subject may be holding and/or possess a weapon.
List some factors that may lead to reasonable suspicion.
- Matching suspect description
- Informant (Perp/Police)
- Furtive Movements
- Flight of subject
Define racial profiling.
Racial profiling is when a Police Officer takes action, makes a stop, or questions an individual strictly based upon race. (Not to be confused with Criminal Profiling).
When must a UF-250:Stop and Frisk Report be completed?
Any time an officer performs a SQF investigation at a Level 3 or higher, regardless if PC for an arrest was obtained or not.
Where must all P/O’s document information regarding a SQF and the suspect information?
The suspect information must be listed on the UF-250 report, and the P/O’s activity log.
