Chapter 4: Stop and Frisk

Question 1

__________, __________, and ___________ individuals on a standard less than ___________ ___________, specifically __________ ___________ to believe that some _______ or is _________ to commit a crime has been apart of police department procedures for decades now.

Answer 1

Stopping; interrogating; frisking; probable cause; reasonable suspicion; has; about

Question 2

President’s Commission on Law Enforcement and Administration of Justice

Answer 2

Declared that state legislatures of the 50 states should be able to empower local and state law enforcement agencies to conduct stop and frisks without probable cause because of the growing rate of crime.

Question 3

Many social groups opposed the ____________’s Commission, suggesting _________ and __________ without _________ __________ would lead to ________/________ discrimination, unfair treatment of the __________, etc.

Answer 3

President’s; stop; frisks; probable cause; racial/ethnic; homeless

Question 4

Law enforcement agencies reasoned that it would be _________ to limit police officers from conducting ________, who believe that a person ______, is _________ to, or has recently __________ the commission of a crime. However, Justice William Douglas said the abandonment of the ___________ _________ standard is a step towards a ____________ path.

Answer 4

unfair; frisks; has; about; complete; probable; totalitarian

Question 5

Terry v. Ohio, (1968) created a ___________ test standard that allowed seizures to be conducted w/o __________ __________, stating that field interrogations have to be done by police, and that ________ of the seizure conducted is far more ____________ than that of a ____________ ____________, thus the standard of proof need not be as high as probable cause (__________ __________ suffices).

Answer 5

balancing; probable cause; range; narrow; custodial arrest; reasonable suspicion

Question 6

Terry v. Ohio, (1968), also established the officers are free to _________ individuals for their _______ safety, and the safety of _______, when there are reasonable ___________ to believe the suspect is ___________ and dangerous.

Answer 6

frisk; own; others; grounds; armed

Question 7

Frisk

Answer 7

When an officer pats down a suspect’s outer clothing.

Question 8

2 Central Parts to the Terry v. Ohio (1968) Ruling:

The reasonableness clause of the 4th Amendment should no longer be construed to say that seizures taking place __________ of a warrant and probable cause are _________________. The reasonableness clause should be ___________ to say that investigative stop and frisks on _____________ __________ is protected under the 4th Amendment.

Reasonable suspicion standard created in Terry ruling established a ________ _______ between law enforcement’s right to __________ and _________ crime AND preventing physical
____________ on individual citizens.

Answer 8

probable cause; outside; unconstitutional; extended; reasonable suspicion;

balancing test; investigate; prevent; intrusion

Question 9

Reasonable Suspicion

Answer 9

Standard of proof necessary to investigate crime.

An officer must have an objective factual basis to believe that lead a reasonable person to conclude that a crime has, is, will be committed.

Based on totality of circumstances (no one factor is determinative).

Question 10

Balancing Test

Answer 10

Established in Terry v. Ohio, (1968)

Balance that was created out of need to allow police officers freedom to investigate crime AGAINST the freedom from intrusion of individual citizens.

Question 11

Supreme Court reasoned that requiring officers to _________ until they had ___________ _________ to make an arrest would put (the _______ of) _________ at risk.

Answer 11

wait; probable cause; safety; society

Question 12

A person’s individual freedoms (from unreasonable intrusion) are balanced by requiring law enforcement to meet an ___________ standard for conducting the seizure under __________ ___________.

Answer 12

objective; reasonable suspicion

Question 13

Remember, the ___________ ____________ NEED NOT be ____________, it need only be _____________.

Answer 13

reasonable suspicion; correct; reasonable

Question 14

Objective “Reasonable Person” Standard law enforcement must meet in judging whether seizure under reasonable suspicion was warranted (from Terry ruling):

The ___________ facts available to the officer at the moment of the __________ “warrant a man of ____________ _____________ in the belief that the action taken was appropriate.”

Answer 14

objective; seizure; reasonable caution

Question 15

The determination of reasonable suspicion is on a ________ by _________ basis.

Answer 15

Case by case

Question 16

Case by Case Determination

Answer 16

The legal facts of each situation are evaluated to determine whether a police officer’s conduct meets a certain legal standard.

Question 17

Articulable Suspicion

Answer 17

Suspicion raised using clear/articulable facts coupled w/ reasonable inferences,

leading to the conclusion that a crime has been or is about to be committed.

Question 18

Police officer may not make seizures / stop and frisks based on a “________” or “____________.” This would be a form of ____________ suspicion, and would lead to the evaporation of ______________ protections against __________ search and seizure.

Answer 18

hunch; stereotype; unparticularized; individual; unreasonable

Question 19

Officer may use field ___________ as a result of being well versed in law enforcement, objective __________, ______________ that a crime has occurred (given the _________ of day, the area/neighborhood, and the__________ and ________ of crime that usually occurs in that area), the __________ of the suspect when stopped (i.e., are they nervous, fidgety, uncooperative) when determining reasonable suspicion to believe crime has/is about to be committed.

Answer 19

expertise; facts; probability; time; frequency; type; behavior

Question 20

Informant

Answer 20

Individual who provides info about criminal activity to law enforcement

Question 21

Hearsay

Answer 21

Out of court statement of another person’s words said in court by a witness.

Oftentimes inadmissible. Too indirect to be considered valid evidence.

Question 22

Hearsay is generally _____________, but one exception is the “_____________ of ______________.” It’s a principle that justifies the acceptance, by police, of a __________ , authentic hearsay account.

E.g. if a woman was bloodied, shaking in fear recounting the identity of her attacker to the police, the police could necessarily accept this form of hearsay.

Answer 22

inadmissible; indicia; reliability; credible

Question 23

Indicia of Reliability

Answer 23

Indications, Signs, evidence that points to the existence of a given fact.

Question 24

Anonymous Tip

Answer 24

information from an unidentified informant.

Question 25

In Alabama v. White, (1990), the Supreme Court ruled that police officers may rely on an ________________ ____________’s tip that follows the _____________ of the _____________ test.

Police officers received a tip from an unknown informant that Vanessa White, in the Lynwood Apartment complex would exit her 235 apartment at a certain ________, and drive in her Brown _________ ____________, to the Dobey Motel.

The informant also said White would have a brown ___________ bag with her; inside the bag are ounces of ___________.

Officers followed the tip, set up _____________ to watch Ms. White leave her apartment, get in her station wagon, and drive to the Dobey Motel.

Police began ____________ her on-road, and before making it the the Motel, stopped her car, saw a brown attaché case, and requested to search it. White consented, and inside was ________________.

Police arrested White, and searched her purse after the arrest where the ___________ was found.

The Supreme Court ruled officer’s reliance on an _____________ tip has reasonable grounds under the 4th Amendment as long as it passes the ___________ of the ___________ test: 1) Was the informant’s tip ____________?, and 2) What was the informant’s ___________ of _______________?

Answer 25

anonymous informant’s; totality; circumstances

time; station wagon

attaché ; cocaine;

surveillance

following; marijuana

cocaine;

informant’s; totality; circumstances; reliable; basis; knowledge

Question 26

Totality of Circumstances Test (est. White v. Alabama, (1990))

Answer 26

Two Fold Standard:
1) Is the informant reliable?
2) What is the basis of the informant’s knowledge?

Question 27

The criminal justice system has formed different ___________ for different crimes.

If someone’s _______________ matches the _____________ then, that yields _______________ ________________.

Answer 27

profiles; behavior; profiles; reasonable suspicion

Question 28

Markonni’s Drug Courier Profile:

7 Primary Characteristic Indicators

1) ___________ or _____________ from the source (of drug) city.

2) Carrying ____________ or _______ luggage / empty suitcases.

3) Having an unusual _____________ (e.g. short time between flight going to and coming back from a place).

4) Using an __________.

5) Carrying an unusually ___________ amount of currency.

6) Purchasing airline tickets w/ small ______________ of currency.

7) displaying unusual ________________.

Answer 28

Arriving; departing

little; no

itinerary

alias

large

denominations

nervousness

Question 29

Markonni’s Drug Courier Profile:

4 Secondary Characteristic Indicators

1) Using almost entirely ____________ transportation when leaving ______________.

2) Immediately making ____________ after deplaning.

3) Leaving ________ / ____________ call back telephone number with airline.

4) Excessively ____________ to _____________ cities.

Answer 29

public; airport

phone call

false; fictitious

traveling; distribution

Question 30

Some contest that these ______________ can identify persons not engaged in ____________, and have a tendency to single out _____________ minorities.

Answer 30

profiles; crime; racial

Question 31

Drug Courier Profile

Answer 31

profile that, based on experience, identifies the characteristics of a drug trafficker.

Question 32

Racial Profiling

Answer 32

Performing an investigative stop on someone based on their race, gender, ethnicity.

Inconsistent with 5th and 14th Amendments protections of Equal Protection under the law.

Question 33

Race cannot be the only consideration in a ____________ ____________ stop. A stop must couple that consideration with the _____________ of ______________.

Answer 33

reasonable suspicion; totality; circumstances

Question 34

In United States v. Weaver, 966 F.2D 391 (1992), Officers were on patrol at the Kansas City airport early in the morning. They were monitoring passengers exiting a flight from Los Angeles, California.

Flight 650 landed, and Aurthur T. Weaver, and African American, ___________ dressed, was exiting the airport at a __________ pace. Officers immediately gained suspicion that he was potentially bringing drugs into the state.

Kansas City has a history with African American, __________ dressed, air passengers, trafficking ____________ from Los Angeles to Kansas City.

The officers stopped Weaver to question him. He was incredibly __________, telling the officers he came to Los Angeles for his ____________ sister, and _________ mother. Officers requested to ____________ his bags, but he refused the search and began walking extremely __________ towards the exit gate.

Officers requested again to search his belongings to which Weaver replied “I don’t have any drugs.”

Officers told Weaver they were gonna see if they could obtain warrant to search his belongings.

Weaver got in his awaiting taxicab, and loaded his duffle bags in the vehicle. Officers tried to grab the bags out of the car, which led Weaver to start _________ the hands of the officers away from his luggage.

Weaver was ___________ (placed under arrest), and officers search the luggage. Inside they found 6lbs of _____________, thousands of dollars in __________, and related paraphernalia.

The Supreme Court ruled that the search conducted by officers was ___________ under the fourth amendment, and that weaver was not targeted because of his _________.

Race is a consideration that can be taken into account _______________ other considerations including those of the ___________ ____________ profile.
Weaver was ____________, didn’t have an ______ upon request, was ____________ while talking to officers, and members (__________ members oftentimes ________ _________) of Los-Al _________ are known to traffic ____________ into Kansas.

Answer 34

roughly; rapid

roughly; narcotics

evasive; missing; sick; check; fast

swatting

detained cocaine; cash

reasonable; race

alongside; drug courier; evasive; ID; nervous; black; roughly dressed; gangs; narcotics

Question 35

Terry Stop

Answer 35

Limited intrusion by law enforcement to investigate and detect crime.

Question 36

A Terry Stop may not be based on ________, ___________, _________, ___________ or any other descriptive identity, UNLESS other factors are also considered.

Answer 36

race; gender; ethnicity; religion

Question 37

Terry stops can be conducted under a lesser standard of proof known as ____________ ______________, rather than ___________ ___________. The moment a Terry stop operates like a ___________ _____________ arrest, it becomes unlawful.

Answer 37

reasonable suspicion; probable cause; probable cause

Question 38

3 Qualities that Determine whether a Terry/Reasonable Suspicion Stop is reasonable (i.e. doesn’t become a probable cause arrest)

(1) Movement:
- Terry stops don’t require ____________ movement of suspects by law enforcement unless it’s needed for their ____________. Under a Terry stop, you CANNOT move a suspect into police ______________, or to any other far location. The only movements of suspect allowed are ___________ movements.

(2) Length of Detention:
- Terry stops can only limit someone for a limited duration. One cannot be subject to lengthy _________ or ____________ characteristic of a ________ _____________ ____________ _________.

(3) Intrusiveness:
- Police have to use __________ intrusive methods during investigative stop to either _________ or ____________ the suspicion of officers in a __________ period of time. Cannot __________, ____________, ________ individuals in police cars.

Answer 38

(1) involuntary; safety; headquarters; MODEST

(2) interrogation; detention; probable cause; custodial arrest

(3) least; verify; dispel; short handcuff; arrest; lock

Question 39

Length of Detention:

Terry stops cannot be so __________ that they become the _________ ____________ of a ___________ ______________. U.S. v. Sharpe (1985), ruled that a Terry stop can be at most ______ minutes, but this should not be taken as a “_________ __________” rule. A Terry stop cannot be said to be overly long if the reason it’s so long is because of the ____________ of the _______________. Pre-Arraignment Model Code says a Terry stop can be as long as is ____________ needed, but no more than ______ minutes (unless police are acting _____________ or suspect is contributing to __________).

Answer 39

long; logical equivalent; custodial arrest; 20; bright line; conduct; suspect; reasonably; 20; diligently; delay

Question 40

Stop and Identify Statutes

Answer 40

Used in Hiibel v. Sixth Circuit Court of Nevada, (2004)

Statute that allows police officers to request suspects subject to a stop and frisk, to show (form of) identification.

Question 41

PA. v. Mimms, (1977), the Supreme Court ruled that it’s reasonable for officers to request that citizens ____________ their automobiles during a traffic _________, so officers don’t put their lives in ___________ in case the suspect being pulled over in possession of ______________.

Answer 41

exit; stop; danger; firearm

Question 42

Arizona v. Johnson, (2009), the Supreme Court ruled that an officer may ___________ suspects pulled over in a traffic stop for their __________ safety, when there are ___________ grounds to believe the driver / passenger is __________ and ____________.

Answer 42

frisk; own; reasonable; armed; dangerous

Question 43

Commonwealth v. Bostock, (2008), the Supreme Court ruled that officers have the right to order a citizen step out of their vehicle during a ______________ stop, if __________ pulling the suspect(s) over, there are reasonable grounds to believe there is suspicious ______________ activity.

Answer 43

traffic; BEFORE; criminal

Question 44

A frisk, which is supposed to be minimally intrusive, must be conducted in a certain manner. The __________ of the frisk is limited to searching for ______________ that would be used to assault an officer or others around him (gun, knives, and recently extended to __________). The officer may not FIRST just reach inside a person’s ____________, they have to feel the outside clothing first. If after the outer-clothing pat-down the officer has _____________ _____________ that there is something in the pockets or bag of a person that feels like a ___________, then the officer’s can reach inside _____________.

Frisk are not ALWAYS ____________. Citizens in a traffic stop w/ officers have the opportunity to ____________ the officer’s ___________ (for his/her _________ or __________) that the citizen is presently ____________ and ____________, before an officer request the citizen to step out of the vehicle.

On the other hand, there are cases in which ____________ are automatic(ally conducted by officers). These include __________ _________________ cases where ___________ are linked to ___________, and ______________ linked to _________.

Answer 44

scope; instruments; drugs; pockets; reasonable suspicion; weapon; pockets

automatic; dispel; fear; life; limb; armed; dangerous

frisks; drug trafficking; drugs; gangs; gangs; guns

Question 45

Officers are also free to conduct Terry Searches of ____________. _____________ have the same intent as drivers in using __________ to conceal/ prevent officers from discovering ___________ activity.

Answer 45

passengers; Passengers; weapons; criminal

Question 46

In Michigan v. Long, (1983) the Supreme Court decided, that a police officer may search the passenger _____________ of an automobile for their own __________, if they have reason to believe there are ___________ inside the automobile that the suspect could quickly get their _________ on.

Answer 46

compartment (glove compartment); safety; weapons; hands.

Question 47

Minnesota v. Dickerson, (1993) upheld an officers right to seize illegal ___________ during a frisk.

The Supreme Court reasoned that _________ for narcotics amount to a search for something that is in _________ _________, and therefore permits law enforcement to seize the contraband.

Answer 47

narcotics; frisk; plain view

Question 48

Under the __________-_________ doctrine, it must be readily apparent to officers conducting a ________ that the object they’re feeling from the suspect’s outer clothing are ____________.

Answer 48

Plain-feel; frisk; narcotics

Question 49

Judge Scheindlin in New York argued that from 2004 - 2012, the __________ of ________ and _________ was very different from it’s practical ______________ by officers.

She held that the stop and frisks practices, instituted by Mayor ______ ___________ (1994- 2001) and _________ ____________ (2001-2014) disproportionately targeted ________, _________, and _________ citizens, and overwhelmingly the stops performed found that these civilians were innocent.

Bloomberg defended the practices saying that these demographics which receive the highest concentrations disproportionately commit the ________ crimes, that they’re trying to protect the community from.

Scheindlin said this might be true if the frisks conducted actually yielded evidence of _________ __________.

Statistics demonstrated that Blacks were 14% more likely than ___________ and 9% more likely than _________ to experience an exertion of ___________ ________ by officers during a stop.

Stats also show that Blacks are 9% more likely than __________ 4% more likely than __________ to be stopped for there being a ‘_________’ in their pockets, which usually turns out to be a ___________ or ___________.

Scheindlin said the practice of investigating the right __________, at the right ________ in the right ________ needs to stop, because it’s just code for targeting _________ __________ youth.

Scheindlin also noted that the stop and frisks conducted by police are ______________ people that don’t even fit the profile of the alleged offender’s __________ . She noted an example where there were two suspicious-looking Black males that were suspected of committing robberies and burglaries. On this information, the police stopped A black male named Cornelio McDonald who was walking down the streets of Queens late at night. In other words ________ Black males were subject to heightened police _________ just because of ______ Black males.

Answer 49

Philosophy; stop; frisks; application

Rudy Giuliani; Michael Bloomberg; young; Black; Latino

most

criminal activity

Latinos; Whites; physical force

Latinos; Whites; bulge; cellphone; wallet

people; time; location; African American

incriminating; appearance; ALL; attention; two

Question 50

Data gathered from July-December 2019 from the Metropolitan Police Department (MPD) indicated that Blacks were 6 times more likely to be _____________, and 7 times more likely to be ______________ than ___________.

Answer 50

searched; frisked; Whites

Question 51

Overall the usage of _________ and _________ by local law enforcement agencies around the country has not ___________ criminal activity, but rather created public ____________ in police officers, often leaving people with feelings of __________ and _________.

Answer 51

stop; frisks; deterred; distrust; shame; humiliation