Chapter 3-Stop and Frisk

Question 1

Stop

Answer 1

justified if the police have reasonable suspicion,(less than probable cause)that criminal activity is afoot.

Question 2

Frisk

Answer 2

after the stop is valid,for one purpose and one purpose only, for officer protection.

Question 3

leading case on stop and frisk

Answer 3

terry v Ohio, 1968

Question 4

what case holds that the 4th Amend allows officers pursuant to a stop and frisk, to require a person to provide his or her name and that the person may be arrested for refusing to comply.

Answer 4

Hiibel v Sixth Judicial District Court of Nevada, 2004

Question 5

Terry v Ohio, 1968

Answer 5

plainsclothes police officer observes two men standing on corner, appearing to casing a store. observing the suspicious behavior, officer confronted the subjects. after a mumbled response from subjs, officer patted down the subjs and removed a weapon. charged with carrying a weapon.

Question 6

a stop and frisk may be based on information provided by another individual

Answer 6

Adams v Williams, 1972
officer was informed by informant that Adams was in a nearby auto carrying narcotics and had a gun.
Adams arrested fpr weapons and heroin.
Police can be able to effect a stop and frisk based on third party info, as long as info constitutes reasonable suspicion.

Question 7

reasonable suspicion based on a “wanted poster” is sufficient for a valid stop

Answer 7

United States v Hensley
Hensley wanted for questioning for armed robbery in St. Bernard Ohio. Officers in Covington Kentrucky stopped Hensley due to knowing of the flyer.

Question 8

there is no rigid time limit for the length of an investigatory stop; instead, specific circumstances should be taken into account

Answer 8

United States v Sharpe, 1985
DEA agent surveiling a drug suspect driving tandem with an apparently overloaded truck. DEA had the vehicles stopped./ detaining a driver for 20 minutes is considered reasonable in view of circumstances. There is no rigid time for length of inv stop.

Question 9

For an investigative traffic stop, what should be taken into account on how long the stop should be.

Answer 9

purpose of stop, reasonableness of the timeused for the investigation that officers want to conduct, reasonableness of the means of investigation used by officers,

Question 10

reasonable suspicion is less demanding standard than probable cause, and can be base on anonymous tip corroborated by independent police work

Answer 10

Alabama v White, 1990
Anonymous tip stating White would be leaving her apt driving a brown plymouth sw with right taillight lens broken, going to dobeys motel in possession with 1 ounce cocaine. officers corroborated the infor by surveillance.

Question 11

a frisk that goes beyond that allowed in Terry is invalid

Answer 11

Minnesota v Dickerson, 1993
Dickerson seen leaving a crack house and avoided officers location when he oberved them. officers stoped Dickerson and conducted pat down revealing no weapons. officers continued to search and felt a small lump in Dickerson’s pocket, determining is was crack cocaine. Search invalid. Although, if officers had probable cause to believe form experience as police officer and the circumstances of this case, that lump was cocaine, seizure may have been valid

Question 12

presence in a high-crime area, combined with unprovoked flight upon observing police officers, gives officers sufficient grounds to investigate further to determine if criminal activity is about to take place

Answer 12

Illinois v Wardlow, 2000
Narcotic officers were caravanning to make arrests in an area known for drugs. Wardlow was observed standing next to building holding an opaque bad and fled when he saw officers. Wardlow stopped and frisked and weapon found.

Question 13

flight plus factors

Answer 13

factors to be able to establish reasonable suspicion in flight-from-police cases.

Question 14

anonymous tip that a person is carrying a gun is not, without more, sufficient to justify a police officer’s stop and frisk of that person

Answer 14

Florida v J.L., 1999
anonymous tip that young black male was at bus stop carrying gun. Invalid search/. Crt ruled that anonymous tip in itself does not amount to reasonable suspicion. What is needed is more indication that would establish that the tip itself was reliable.

Question 15

what would indicate that information given by anonymouse tip to be reliable

Answer 15

Tip plus more, the test for reasonable suspicion.

Question 16

who argued for “firearm exception” to Terry v Ohio

Answer 16

State of Florida and Federal Government
Court rejected the proposed exception, holding the same level of standard for stop and frisk in weapons and non-weapons cases

Question 17

in making reasonable suspicion determinations, reviewing courts must look at the totality of the circumstances of each case to see whether the detaining officer has a particularized and objective basis for suspecting legal wrongdoing

Answer 17

United States v Arvizu, 2001
US Border Patrol operating a checkpoint in an isolated area in Arizona.This case settles an issue in stop and frisk cases on how an officer determines the existence of reasonalb suspicion. Totality of Circumstances.

Question 18

4th Amen allows officers, pursuant to a stop and frisk to require a person to provide his or her name. Person may be arrested for refusing to comply. (only under certain circumstances)

Answer 18

Hiibel v Sixth Judicial District Court of Nevada ET AL., 2004
Humbolt Co Sherriff’s Office received a call from a person who had seen a man assault a women in Red and Silver GMC truck. upon locating Hiibel, Hiibel refused to identify himself.

Question 19

officers may order passengers out of a lawfully stopped vehicle and pat them down if there is reasonable suspicion they may be armed and dangerous.

Answer 19

Arizona v Johnson, 2009
Gang Task Force pulled over a veh for registration viol. Johnson, a passenger, wearing clothing consistent with Crip membership and holding a police scanner, was ordered out of car and patted down.

Question 20

Driver and passenger already lawfully stopped may be required to exit the vehicle because?

Answer 20

Governments “legitimate and weighty” interest in officer safety outweighs the additional instrusion.

Question 21

Pennsylvania v Mimms, 1977

Answer 21

ruled officers could order the driver out of a vehicle citing Terry, that once out of vehicle, officer could pat down driver if reasonable suspiciion the driver was armed

Question 22

Maryland v Wilson,

Answer 22

extended the decision in Mimms to passengers of vehicle. Knowles v Iowa that officers should be able to conduct pat-downs on passengers of lawfully stopped veh.

Question 23

Court Ruling that during a traffic stop an officer effectively seizes everyone in the vehicle.

Answer 23

Brendlin v California,