CP Ch. 5 Frisks

Question 1

A frisk extends to those areas where:

Note: Not vehicle questions

Answer 1

The suspect might realistically gain access to a weapon.

Note: Typically involves suspects body, possessions, vehicle.

*Frisk suspect first

Question 2

The frisk of a vehicle extends to areas where the suspect:

Answer 2

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”

Question 3

Does the right to frisk stop when a suspect is removed from a vehicle?

Answer 3

No.

“Police officer is not required to risk becoming a victim upon the suspects re entry to the vehicle”

Question 4

Police are not authorized to frisk every possible area a supect can reach without any evidence that he actually did so. Author recommendation:

Answer 4

Focus on the “realistic reach” area.

-where occupants actually could quickly reach upon re-entering the vehicle.

Question 5

Vehicle frisks:

Opening a locked glovebox:

Proper or improper, and why:

Answer 5

Proper- because it is easily accessible and large enough to hold a weapon.

Question 6

Under Article 14, “Plain Feel” occurs when:

Answer 6

An officer immediately recognizes evidence during a frisk.

Question 7

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?

Answer 7

1. The police have specific information about location of a weapon (ex witness said waistband)
2. The suspect may be reaching for a weapon when encountered by police (ex shot fired call, defendant reaching into pockets as police approached).

Question 8

May key be removed during a frisk as a potential weapon?

Answer 8

Yes. Keys are considered a potential weapon.

Question 9

With reasonable suspicion that a suspicion that a suspect may be armed and dangerous, pat what first?

Answer 9

The outer clothing.

and remove any item that may be a weapon.

Question 10

When should a frisk typically occur?

Answer 10

At the time officers develop reasonable suspicion.

Note: At the same time, a frisk may be delayed for a legitimate tactical reason.

Question 11

May police automatically frisk the companion of a person under arrest?

Answer 11

No.

Officers must have a reasonable suspicion that a companion might be armed and dangerous.

Question 12

In deciding whether to frisk, officers may consider the (blank) and (blank) of the arrestee to his companion.

Answer 12

1. Nature of crime
2. The relationship

Question 13

Can officers routinely ask a suspect if he has anything dangerous?

Answer 13

Yes, and they should. Affirmative response clearly supports a frisk decision.

Question 14

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:

Answer 14

other information indicates a possible weapon.

Question 15

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:

Answer 15

“immediately resolve the ambiguity”

Question 16

Large, pliable container:

Answer 16

Should open

Ex. full duffel bag

Question 17

small, pliable container:

Answer 17

Should frisk

Question 18

Heavy, pliable container:

Answer 18

Should open

Question 19

Hard containers:

Answer 19

Should open

Ex. pointless to frisk a cardboard box

Question 20

Specific information a container holds a weapon:

Answer 20

Should open

Question 21

A frisk must be based on:

Answer 21

A reasonable suspicion that the suspect is engaged in criminal activity AND is armed and dangerous.

Question 22

In deciding whether to frisk, the most important factor is:

Answer 22

The crime under investigation.

Question 23

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?

Answer 23

Yes.

Question 24

A suspects prior record for weapons possession or other dangerous conduct is:

Answer 24

A key factor.

Question 25

May officer frisk an individual only because he belongs to a particular group? i.e. hells angels, etc

Answer 25

No- but it may be a significant factor- need to articulate more

Question 26

True or false:

A suspects nervous movement, demeanor, and speaking style have an impact on the frisk decision.

Answer 26

True.

Question 27

Frisk decision:

True or false:

Nervousness of an unknown citizen may be the primary factor.

Answer 27

False.

ex MV stop of taxi, unknown passengers had “nervous look on their faces”= did not justify an exit order and frisk.

Question 28

Inconsistently nervous behavior of a Known citizen is:

Answer 28

Very relevant.

However, nervous behavior of known citizen still may not be the primary factor.

Question 29

Frisk Decision:
Comm v Garner (Trooper Dunderdale)

According to the SJC, the frisk occurred without reasonable suspicion that the defendant was armed and dangerous because:

Answer 29

• gun conviction 6 years old= Stale
  -nervousness during interactions with the police is common
  -did not conceal or reach for anything

*Reflects SJC’s dislike of situations where officers rely on a suspects concent to frisk.

Question 30

When observing a possible weapon are officer required to:

1. Ask about the item before retrieving it?
2. Be certain what, exactly, the weapon is?

Answer 30

1. No
2. No- the standard is reasonable suspicion. Ex thought a bull whip was nunchucks.

Question 31

A suspects quick movement may indicate that he is:(3)

Answer 31

(1) Grabbing.
(2) Concealing; or
(3) Checking a weapon