Chapter 4 Encounters and Investigative Detentions Flashcards
When does a detention occur?
When an officer engages in a show of authority
Is incidental touching considered a seizure?
no, but blocking a path is
Is it a seizure if officers block a vehicle?
yes
Why isn’t surveillance considered a detention>?
because there is no show of authority
Is running after a person a detention?
no unless they engage in a show of authority
Is it a detention if someone voluntarily gives you their id without you asking?
no.
Are blue lights considered a seizure?
not if it is for safety (ex - side of the road for officer safety )
What are good examples of non-arrest handcuffing?
possibly armed
flight
precarious location
outnumbered
struggle with officer
When does blocking a vehicle turn from a detention to an arrest?
when it is excessive
When does a detention transform into an arrest?
if it exceeds its proper scope (limited by time, activity and location)
If you have someone detained but not enough pc to arrest and they refuse to give their name, what can you do
nothing (ex of exceptions: driver, possession of gun, biker who is to get a ticket, littering - must release the moment they learn of ID tho)
Can you move a detained suspect?
yes, but moving could amount to arrest
What are exceptions?
ID, Safety, Clear Consent
When does a MV stop become search?
if an officer inserts their head OR flashlight INTO the vehicle
Can you gain access to a MV on a stop without it being a search?
only if you can’t see VIN from the exterior. You have a right to inspect the VIN
When can officers request passenger information>
When REASONABLE SUSPCION that:
-pose safety risk
-committed civil infraction
-can help resolve a violation (learner permit driver example)
-involved in criminal conduct
-witness to crime
What are the 4 reasons for exit orders?
officer safety
community caretaker
investigation
police function
Is it okay to take a driver’s keys during a stop?
yes. acceptable when outnumbered during a suspicious traffic stop
Are exit order synonymous with frisks?
no, need the reasonable suspicion suspect is armed
What are some examples of reasons to exit order AND frisk?
initial failure to stop
officer outnumbered (this ALONE is insufficient)
removal of seat belts
quick move to get out
dangerous object in vehicle
dangerous movement
movement AND false ID
Creating a diversion
Are K9 alerts helpful for marijuana MV stops?
no bc how can dogs tell 1 ounce?
Is it okay if under 21 ? hmmm
Does reasonable suspicion of any crime justify an exit orde?
yes
Is it reasonable to wait 1 hour for a dog search?
yes
Is it enough reasonable suspicion for a K9 sniff if a car has been altered?
yes
Can you have a k9 sniff for reasonable suspicion of OUI drugs?
yes
