CP Ch. 5 Frisks Flashcards
(32 cards)
A frisk extends to those areas where:
Note: Not vehicle questions
The suspect might realistically gain access to a weapon.
Note: Typically involves suspects body, possessions, vehicle.
*Frisk suspect first
The frisk of a vehicle extends to areas where the suspect:
Realistically had, has, or will have access to a weapon.
Note: The right to frisk does not end when a suspect is removed from the vehicle. “Police officer is not required to risk becoming a victim upon the suspects re entry to the vehicle”
Does the right to frisk stop when a suspect is removed from a vehicle?
No.
“Police officer is not required to risk becoming a victim upon the suspects re entry to the vehicle”
Police are not authorized to frisk every possible area a supect can reach without any evidence that he actually did so. Author recommendation:
Focus on the “realistic reach” area.
-where occupants actually could quickly reach upon re-entering the vehicle.
Vehicle frisks:
Opening a locked glovebox:
Proper or improper, and why:
Proper- because it is easily accessible and large enough to hold a weapon.
Under Article 14, “Plain Feel” occurs when:
An officer immediately recognizes evidence during a frisk.
Police must pat down their suspect first, not lift his clothing. ?There are only two instances when officers may dispense with the pat down. What are they?
- The police have specific information about location of a weapon (ex witness said waistband)
- The suspect may be reaching for a weapon when encountered by police (ex shot fired call, defendant reaching into pockets as police approached).
May key be removed during a frisk as a potential weapon?
Yes. Keys are considered a potential weapon.
With reasonable suspicion that a suspicion that a suspect may be armed and dangerous, pat what first?
The outer clothing.
and remove any item that may be a weapon.
When should a frisk typically occur?
At the time officers develop reasonable suspicion.
Note: At the same time, a frisk may be delayed for a legitimate tactical reason.
May police automatically frisk the companion of a person under arrest?
No.
Officers must have a reasonable suspicion that a companion might be armed and dangerous.
In deciding whether to frisk, officers may consider the (blank) and (blank) of the arrestee to his companion.
- Nature of crime
- The relationship
Can officers routinely ask a suspect if he has anything dangerous?
Yes, and they should. Affirmative response clearly supports a frisk decision.
Practically speaking, if an officer asks a suspect to take his hands out of his pockets and he complies, the need to frisk evaporates, unless:
other information indicates a possible weapon.
Defendant suddenly moved hand toward his waist after looking at officers; while such a gesture could be innocent, it could also be a “Reflex action” to draw or check a concealed weapon; Given the potential danger, police had to:
“immediately resolve the ambiguity”
Large, pliable container:
Should open
Ex. full duffel bag
small, pliable container:
Should frisk
Heavy, pliable container:
Should open
Hard containers:
Should open
Ex. pointless to frisk a cardboard box
Specific information a container holds a weapon:
Should open
A frisk must be based on:
A reasonable suspicion that the suspect is engaged in criminal activity AND is armed and dangerous.
In deciding whether to frisk, the most important factor is:
The crime under investigation.
Are post criminal incidents in an area (with specific information about particular times, locations, and types of past crimes) and environment and time of day relevant frisk factors?
Yes.
A suspects prior record for weapons possession or other dangerous conduct is:
A key factor.
