Chapter 3: Police Authority to Detain

Question 1

Constitutional jurisprudence provides for what 3 types of contact between citizens and the police?

Answer 1

1. consensual encounters
2. brief detention under Terry v Ohio
3. full-fledged arrest

Question 2

An investigative detention, or ____ ____, justifies a seizure if articulable facts and reasonable inferences drawn from those facts support reasonable suspicion that the person has committed or is committing a crime.

Answer 2

Terry stop

Question 3

A detaining officer must have knowledge of ____, ____ facts that, if taken together with rational inferences from these facts, reasonably warrant the stop.

Answer 3

specific, articulable

Question 4

Reasonable suspicion can be based on what 4 things?

Answer 4

1. info from reliable persons;
2. reports from other agencies;
3. the individual is in an area of expected criminal activity; and
4. unprovoked flight from officers

Question 5

____ v ____ provides that an officer who has a reasonable, articulable suspicion that criminal activity is afoot may conduct a brief, investigatory stop.

Answer 5

Terry v Ohio

Question 6

What case provided that officers are justified in suspecting that a defendant was involved in criminal activity based on the combination of their presence in an area of frequent narcotics trafficking and the defendant’s unprovoked flight upon noticing them?

Answer 6

Illinois v Wardlow

Question 7

Unprovoked flight upon seeing a police officer DOES / DOES NOT in and of itself justify reasonable suspicion of criminal activity and, therefore, justify a Terry stop.

Answer 7

does not…it is, however, a factor to be considering along with being in a high crime area.

Question 8

What case by SCOTUS in 1981 made it clear that the Terry stop reasoning applied to automobile situations?

Answer 8

US v Cortez

Question 9

What SCOTUS case concluded that setting up roadblocks in search of drug trafficking violated the 4th Amendment?

Answer 9

Indianapolis v Edmond

Question 10

What SCOTUS case concluded that setting up a roadblock at the same time, date, and area of a hit/skip was constitutional as a way to find out if there were any witnesses to the crime?

Answer 10

Illinois v Lidster

Question 11

What are three Supreme Court cases that deal with roadblocks and checkpoints?

Answer 11

Michigan Department of State Police v Sitz (DUI)
Indianapolis v Edmond (drugs)
Illinois v Lidster (hit/skip info)