CP. Ch. 4 (p1-4) Field Encounter &Investigative Detentions

Question 1

What is the case that established investigative detentions and frisks?

Answer 1

Terry V Ohio.

39 year veteran, “routine habits of observation, “developed over years of “watching people at different intervals of the day.”

Based on behavior, officer had hunch something might happen. Then, when he added their measured pacing and conferences, he had enough to justify a brief detention.

How the suspects responded- not providing names , surprised looks, mumbled responses- added to the officers well founded suspicion and deepened his concern that the men might be armed. His natural response: a frisk to neutralize the threat.

Question 2

Terry Vs Ohio; Classic case that established investigative detentions and frisks. The key message: Officers must be able to

Answer 2

articulate their reasons for stopping and seizing a citizen.

Question 3

An officers decision to search and/or frisk is subject to:

Answer 3

review by a judge.

Question 4

Statutory authority to detain and frisk: Beyond its constitutional roots, the authority to detain and frisk in Massachusetts stems from a statute:

Answer 4

41 Sec 98

Question 5

During an investigative detention, is the suspect free to leave if he chooses to?

Answer 5

No.

Since a detention is brief, it does not need to be based on probable cause. However, still must be based on something more than a hunch. The middle ground is REASONABLE SUSPICION.

Question 6

Does reasonable suspicion to detain automatically entitle officers to frisk?

Answer 6

No.

Purpose of a detention- find out whether suspect is involved in crime- is different from the purpose of a frisk- learn whether suspect is armed.

There are times when an officer will have reasonable suspicion of crime (ex. trespass) but lack reasonable suspicion to frisk (trespasser immediately complies with officers command to keep hands in plain sight.)

Question 7

Investigative Detention:

Standard:

Answer 7

Reasonable suspicion that suspect was, is, or will be committing a crime.

Question 8

Investigative Detention:

Seizure: Police show authority by:

Answer 8

restraint, pursuit, or command (such as verbal order , blue light activation)

Question 9

Investigative Detention:

Subject behavior and background: Factors that contribute to reasonable suspicion: (6)

Answer 9

1. near scene of recent crime
2. matches description of offender
3. flight or nervousness
4. record, reputation, & association
5. Evasive or implausible responses
6. Unusual activity (consider time of day)

Question 10

Investigative Detention:

Duration:

Answer 10

No exact time limit; take a reasonable amount of time to confirm or dispel suspicion of crime.

Question 11

Investigative Detention:

At any Investigative Detention: (4)

Answer 11

1. ID suspect (but no general requirement for citizen to ID himself)
2. Check for warrants
3. Seek evidence( B&E entry point, drugs on ground, etc)
4. Photograph/ fingerprint

Question 12

Investigative Detention:

Do NOT move unless: (3)

Answer 12

1. bring back to witness of ID
2. Emergency because scene is unsafe
3. Very, very voluntary desire to accompany police to station.

Question 13

Investigative Detention:

During a traffic stop: Only request ID from passenger if (3):

Answer 13

1. Necessary for protection
2. MV issue
3. Community caretaking

Question 14

Investigative Detention:

During traffic stop: If reasonable suspicion of crime exist: (3)

Answer 14

1. Exit order to driver/passengers TO PREVENT COLLABORATION.
2. K-9 detection sniff
3. Consent search may be requested.

Question 15

Frisk:

Suspect behavior & background: Factors that contribute to reasonable suspicion: (8)

Answer 15

1. near scene of recent crime
2. matches description of offender
3. flight or nervousness
4. record, reputation, & association
5. Evasive or implausible responses
6. Quick, dangerous movements
7. Potential weapon (ex. hip bulge)
8. Refusal to obey officer commands

*first 5 are the same as Investigative Detention.

Question 16

Frisk:

Traffic stop observations: (5)

Answer 16

1. Failure to stop
2. Quick move to get out
3. Dangerous movement (duck under dashboard, reach to floor)
4. VISIBLE WEAPON (baton, knife)
5. admits possessing weapon

Question 17

Frisk:

Timing:

Answer 17

At the point officers become aware of potential danger.

*NON-tactical delay defeats need to frisk.

Question 18

Frisk:

Object of concern: Person:

Answer 18

Pat outer clothing
-remove possible weapons felt
-remove evidence/contraband if PLAIN FEEL

Question 19

Frisk:

Object of concern: Container:

Small & pliable:
Heavy & pliable:
Large and Pliable:
Hard sided:

Answer 19

Small & pliable: pat down
Heavy & pliable: open and look
Large and Pliable: open and look
Hard sided: open and look

Question 20

Frisk:

Object of concern: Vehicle:

Answer 20

1. Exit order for officer safety
2. Frisk the “realistic reach area” where occupants had, have, or will have access to weapon
   -Locked glove box
   -passenger compartment(including under seats, console, etc)
   -NOT trunk, unless easy access from passenger compartment

Only open containers that may reasonably contain a weapon.