CONSTITUTIONAL LAW EXAM 5 Flashcards
What are the four Vehicle Exit orders?
- Officer’s safety
- Reasonable Suspicion of a crime (Investigation)
- Police function
- Community caretaker function
True/False: Officers may not detain a passenger during a stop based solely on the driver’s civil motor vehicle infraction?
True
True/False: Officers may not routinely request a passenger’s identification.
True
What are some exceptions to when officers can ask passenger’s for their Identification?
- Pose a safety risk
- Have committed an infraction (Not wearing seatbelt)!!!!!
- Involved in criminal conduct (Unlawful design)
- Witness of crime (think driver under arrest for OUI)
Vehicle Exit Orders: Comm v. Bostock: Police had reasonable suspicion of recent criminal activity and offices were permitted to try ________________.
To prevent the suspect from leaving
True/False: An officer opening a car door after an exit order were reasonable and proportional actions for the officer to take based upon concern about weapons.
True
For officer safety, safety concerns may be conducted with less than reasonable suspicion and reasonable belief that the suspect is____ and______?
Armed and dangerous
There are several key factors indicating potential danger during a traffic stop. What is the most important?
Failure to keep hands in sight
The frisk of a vehicle extends to an area where the suspect realistically ____, ____, or ___ have access top a weapon.
Had, Has or Wil
During a motor vehicle frisk, what is considered to be forbidden to be searched?
The trunk
Note: Unless back seat are foldable (usually in older vehicles)
Reasonable suspicion of _____ justifies an exit order.
ANY CRIME
SJC relied on _________ and held that it avoids speculation or second guessing an officer’s decision to stop a motor vehicle.
Authorization Test
The amount of use of force must be objectively __________?
Reasonable
Frisk are not ____________?
Automatic
