CPOLS Flashcards
The driver generally has standing to challenge a trunk search, whereas a _________ normally does not 
Passenger
Shining a spotlight on someone and asking him to remove his hands from his pockets
Detention?
No
Consensual encounter:
ASK for, rather than _______, the person’s cooperation
Demand
Combo of spotlight, “rushing at” a person and asking about their legal status amounts to a ____________
detention
No authority to search a person during consensual encounter unless they give you _______-
consent
Does a pat-down/frisk for weapons turn a consensual encounter into a detention?
Yes
Asking m/c rider to remove hands from jacket: detention?
No
Is Instructing a person to walk to the hood of the patrol car a show of authority?
Yes - it’s a detention
Driving alongside a fleeing suspect
Detention?
No - because the person had not submitted to the officer’s authority yet
A detention can never be based solely on a hunch, rumor, intuition, instinct or curiosity. You must have specific __________
specific facts
Men being in a neighborhood frequented by drug users is not enough for reasonable suspicion so a detention would be UNLAWFUL
x
Just because a person is in a high-crime area, doesn’t justify detention / search
x
Is flight in a high-crime area enough to detain?
Yes
If you approach someone or a group and one or more of them walks or runs away, is chasing after them a detention?
NO
Because a “seizure” doesn’t occur until you have physically stopped the person or he stops on his own and submits to your authority
If you yell “STOP” or “FREEZE” or display your weapon - is it automatically a detention?
No - not until the suspect stops fleeing in response
Flight cannot be the only a factor to justify a detention.
x
Flight, when combined with other factors, such as high-crime area and/or time of night, you OFTEN will have what?
a valid reason to detain
Is info from a totally anonymous source sufficient to justify a detention or pat-down?
No - unless there is sufficient corroboration or other indications of the tip’s validity
Can officers rely on info reported in a 911 call in forming reasonable suspicion for a detention?
Yes - because 911 calls are recorded, making caller identifiable and traceable
It is a violation of 148 if a person refuses to ID themselves before getting issued a citation because it obstructs and delays the officers duty
x
Refusing to ID themself only becomes 148 when it actually delays or obstructs the officers duty.
Ex: On way to jail - refusing to ID doesn’t delay
But, once at the jail, if they continue to refuse, it’s 148
x
A detained suspect’s failure or refusal to ID themselves does not justify an arrest on its own - 148 doesn’t apply
x
Ordering suspects from their car at gunpoint, handcuffing them, and placing them in a PV to wait for ID by victim did NOT convert this high risk detention into an arrest
x
REQUIRING suspect to accompany you to another location or interrogation room without valid consent or compelling reason MAY turn your detention into an unreasonable arrest
x
Generally, the courts do not want you to transport the suspect to the victim.
Bring the victim to suspects location
x
Miranda warnings are never necessary unless you have BOTH ____________ and ____________
Custody and Interrogation
Expectation of privacy in trash/garbage in sealed bag and placed at curbside?
No - no expectation of privacy
Do you have right to order driver AND passengers out of vehicle during T stop? without a particular reason (danger or suspicion of a crime)
Yes
you have the right to do this. The power is justified strictly by officer safety
Are all PRCS (post-release community supervision) offenders subject to mandatory search?
Yes - all searchable
Can you detain people who aren’t the subject of an investigation if their detention is necessary for officers to proceed in their investigation?
Yes
During a detention, do you have power to conduct a FULL exploratory search of suspect
No
Can you pat-down someone for weapons that you have detained?
Yes but only
- for weapons
- Outer clothing
- Have specific facts that would make a reasonable officer fear for their safety in same situation
“standard procedure” is not good enough
Pat-down justification: would another officer reasonably believe that a weapon might be used against him?
x
Can refusal of consent to search be the sole basis for reasonable suspicion that a suspect is armed or dangerous?
No
So you can’t pat someone down just because they refused to consent to a pat down
During patdown for weapons - officer cannot squeeze, slide or manipulate the content in the pockets after determining the pocket did not contain a weapon
x
There can be no arrest without either SUBMISSION or TOUCHING
x
If you arrest and book a known or suspected “foreign national”, of if you detain one for more than ___ hours, you must ADVISE them of their right to communicate with an official from the consulate of their country
2 hours
some countries have mandatory notifications
911 caller who calls for medical help for someone that is overdosing is IMMUNE from arrest or prosecution for being under influence or for being in possession of person use of a controlled substance
x
Time limitations to arrest a felony?
None
Time limitations to arrest a misdemeanor or infraction?
MUST make arrest with or without a warrant between
6am and 10pm
SO no arrests between 10pm and 6am
**Unless it occurred in your presence, arrest is made in public place, warrant for night service, violation of a DV order
Arrestee who opens his door but remains in the residence is NOT a public place
x
Can you make investigatory traffic stops based on anonymous reports of suspected drunk driving?
Yes
Even if you don’t observe an infraction or signs of impaired driving
Driver stopped for traffic violation denies having vehicle registration. Can officers, prior to issuing a ticket, enter the vehicle to conduct a limited search of the areas where such documentation reasonably could be found?
Yes
Is it a detention to walk up to driver who is already stopped in his vehicle and ASK to see his license?
No
Officer briefly shined white light into moving car, then followed it without using red light or siren until driver pulled over on his own. Detention?
No detention
