Con Exam 5 Flashcards
Are vehicle exit orders automatic for every MV stop?
No, vehicle exit orders are NOT automatic for every MV stop.
4 Reasons for Vehicle Exit Orders
Officer’s Safety
Investigation
Police Function
Community Caretaker
- Initial failure to stop
- Officers outnumbered
- Removal of seatbelt
- Quick move to get out of car
- Dangerous object in vehicle
- Failure to keep hands in sight
- A frisk following an exit order isn’t automatic.
factors contribute to officer safety in vehicle exit orders
What is required for a frisk following an exit order?
Need articulable facts that the suspect is armed and dangerous.
Can an exit order be issued for reasonable suspicion of any crime?
Yes, an exit order can be issued for reasonable suspicion of ANY CRIME.
Why must occupants be removed during police functions?
To conduct functions such as towing or arrest.
What is the community caretaking function related to vehicle exit orders?
Need to remove the occupant for a medical emergency.
If evidence found, admissible under PLAIN VIEW.
What is a pretextual stop
Allowed to observe/follow someone you think is of unlawful design and then stop them when they commit a traffic violation
THIS IS ALLOWED
MOTOR VEHICLE FRISK
The frisk of a vehicle extends to areas where the suspect
Realistically had, has, or will have access to a weapon
Use of force will be held to ________
Reasonable standard
“Objectively reasonable””
Neither intended nor likely to cause serious bodily injury or death
Non-Deadly Force
Intended to, or will likely cause death or serious bodily injury
Deadly force
What crime has to be committed for an exit order?
ANY crime
The use of physical force is a _____ under the 4th amendment
Seizure
JC relied on _________ and held that it avoids speculation or second guessing an officer decision for MV stops
Authorization test
