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PRO 2024 > Chapter 5- Frisks > Flashcards

Chapter 5- Frisks Flashcards

1
Q

Three things you need for a frisk

A

Reasonable suspicion
Of criminal activity
Armed and dangerous

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2
Q

Can an officer approach someone then frisk cause they refuse to remove their hands from pocket

A

No need to be an underlying crime also

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3
Q

“Being in fear” good for frisk report

A

No, need to explain why

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4
Q

What is the most important factor in regards to a frisk

A

The crime under investigation

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5
Q

I’m regards to the crime under investigation can you frisk just because of the crime

A

No it’s based on the situation not the offense itself (frisk for domestic alone was bad)

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6
Q

CL- multiple shot spotters go off in a certain area, quick response and see on male on the street, frisk finds gun

A

Good

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7
Q

CL- call for Hispanic guy with a gun leaning on a car, witness points out, frisk no gun, frisk cad, gun found

A

Good frisk of car

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8
Q

CL- anonymous tip of guy with a gun in backpack, officers encounter and he reaches for the bag, frisk and gun

A

Good

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9
Q

New 2023 CL- bolo for shooting on a car, nothing about suspects, Officer finds car 34 hours later and passengers frisked

A

No good because no suspect info only car could probably do MV exception to search car

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10
Q

What is a key factor for frisking a suspect

A

Prior record for weapons or other dangerous conduct

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11
Q

CL- stop for riding bike, admits to being in a gang and wearing gang colors, asks if any weapons, tenses and looks around

A

Good frisk

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12
Q

CL- tip for a black man in a black hoodie with a gun

A

No good bad description

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13
Q

Can nervousness be the sole reason for a frisk

A

No

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14
Q

What behavior of a known citizen is very relevant

A

Inconsistent behavior

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15
Q

CL- four previous stops in the past 6 years, gun six years ago, stop and ask to search finds Gun

A

Bad - no right to ask or frisk

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16
Q

2023 CL- report of unidentified person with a gun, two females avoid police, hold waist and keep looking back

A

Good

17
Q

CL- believing you see a nunchuck in the glove box, Frisk and find 70 grams of heroin

A

Good

18
Q

CL- sudden movement to waist while talking to an officer

A

Good

19
Q

CL- area of firearms, 2 people trespassing, officers ask to take hands out of pocket they do then put them back, frisk finds drugs

A

Good

20
Q

Does MA have an automatic companion frisk rule

A

No but you can consider the crime and the relationship to the person

21
Q

CL- during arrest two companions challenge officers -

A

Frisk good

22
Q

CL- arresting someone for a shooting and friend walks away tugging at waistband

A

Good

23
Q

If you offer someone a ride are they consenting to a frisk

A

No must ask

24
Q

When you frisk someone you have RS to frisk

A

Immediately - waiting 5 minutes was no good unless waiting for back up

25
Q

Where should you frisk first

A

The suspect because they can access a weapon most easily

26
Q

CL- police chase and guy shoved something down his pants, quick frisk finds drugs

A

Good even though not hard object

27
Q

Are keys a potential weapon

A

Yes remove them for a frisk

28
Q

CL- bulge in the shirt near a shots fired incident, told to raise hands then officers lift the shirt and see the gun

A

No good you need to frisk

29
Q

What’s the two exceptions to the previous rule

A
  • specific info about the location of a weapon.
  • defendant is reaching when encountered
30
Q

Can you ask questions during a frisk

A

Yes it could lead you to drugs etc

31
Q

Does asking questions during a frisk nullify the plain feel doctrine

A

No - frisk after a robbery asked what was jinging and it was the stolen coins

32
Q

Does touching the items a second time nullify plain feel?

A

No - frisk finds knife then frisk finds drugs in butt

33
Q

CL - 2022- asking a suspect to hand you their backpack so you can frisk it

A

No good- shows you aren’t in fear

34
Q

CL - heavy pliable backpack - 2022

A

Court says you should still frisk it

35
Q

CL- suspect lifts his butt and puts something under the seat, frisk of pull down on back seat

A

No good

36
Q

CL- finding a pill bottle in the center console and opening it up on a frisk

A

No good

37
Q

CL- finding a pill bottle in the center console and opening it up on a frisk

A

No good

PRO 2024 (16 decks)

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