Criminal Procedure Frisks Flashcards
A frisk must be based on ___________ that the suspect engaged in criminal activity AND _________
Reasonable suspicion
and armed and dangerous
Can officers frisk because person refuses to take hands out of pockets
No
Can defendant that he properly detained on suspicion of drug dealing be frisked if there’s no indication he’s armed
No
Does reasonable suspicion of a crime allow officers to frisk
No. Still need indication that he’s armed and dangerous
A frisk is a serious intrusion on the sanctity of the person, which can inflict great indignity and around strong _______
Resentment
Do police officers have to be in fear in order to frisk
No
Police officers must be aware of _____________ that create reasonable belief of danger
specific facts
What is the most important factor when deciding whether to frisk?
The crime under investigation
The facts of the _________ offense control decision to frisk, not the category of offense
Particular
Can officers decision to frisk be based solely on it being a domestic disturbance call
No
Can a bar fight with no weapons be reason enough to frisk
No
Do the environmental and time of day play any role in decision to frisk?
Yes
Does past criminal incidents in an area have any relevancy over decision to frisk?
Yes
Does an anonymous tip that describes someone with a gun, without more, amount to reasonable suspicion to stop and frisk?
No
Anonymous tip describing someone with a gun in backpack. Officers approach and begin to speak with someone matching that description. The person then starts looking around and reaching for the shoulder straps of the backpack. Is this reasonable suspicion to stop and frisk?
Yes
Officers receive report from Vermont state police about Pontiac firebird (plate puck22) spotted at scene of robbery occupied by 3 white males. A shotgun was reported stolen. Several hours later mass officer sees the Pontiac occupied by white male and female. Is the officer justified in pulling the vehicle over and frisking?
Yes. Minor discrepancies don’t eliminate RS and need for safety measures
Boston put out a BOLO for a vehicle involved in a shooting with no suspect descriptions. 34 hours later an officer sees the parked vehicle with occupants walking into a restaurant. Can officer stop and frisk the people?
No. No suspect description and the occupants were cooperative when police approached
Is a suspects prior record for weapon possession or other dangerous conduct relevant?
Yes it is key factor
Can officers frisk an individual solely because he belongs to a particular group?
No but it may be a significant factor
Is tip that a young black male carrying pistol and wearing black hoodie and blue jeans enough to stop and frisk?
No
Do a suspects nervous movement, demeanor and speaking style have an impact on the decision to frisk?
Yes
Can nervousness of an unknown citizen be the primary factor to frisk?
No
Does the court like when officers get consent to frisk?
No
Does evading police contribute to reasonable suspicion?
Yes
Should officers ask suspect if they have anything dangerous and if they say yes, frisk?
Yes
Officer ordered defendant to exit vehicle and asked if he had any weapons. Defendant said he had a small knife on his necklace. Is this reason to frisk?
Yes
When deciding whether to frisk the companion of an arrestee, what should officers consider (2)?
Nature of crime and the relationship
Is accepting a ride consent to frisk?
No
In regards to reasonable suspicion, at what point should a frisk occur
At the time officers develop reasonable suspicion
Frisks typically involve a suspects body, __________ and _________
Possessions and vehicle
A frisk extends to those areas where a suspect might realistically:
Gain access to a weapon
Should you frisk suspect or vehicle first?
Suspect. If nothing found on suspect you can continue and frisk the vehicle (even glove compartment)
If officers have reasonable suspicion that suspect is armed and dangerous, they should pat the outer clothing. Should they remove an item that might be a weapon?
Yes
Are keys considered potential weapon that can be removed during frisk?
Yes
Do police have to pat down outer layer of clothing before lifting clothing?
Yes
Two exceptions where officers may do frisk without initially doing pat down
Police have specific info about location of weapon (bank teller says it’s in his wasteband)
Suspect may be reaching for weapon when encountered by police (responding to shots fired, police reach directly into defendants pocket after seeing him do so as they approached)
During frisk if officer feels object they know is not a weapon, can they ask suspect about the object?
Yes
________ occurs when officer immediately recognizes evidence during frisk
Plain feel doctrine
Plain feel extends to contraband and __________
Fruits of crime
Does touching an object the second time nullify plain feel?
No
If officers have specific info that container holds a weapon, do they have to frisk it before opening?
No
Do officers have to frisk cardboard box before opening?
No
Should officers frisk or open small pliable containers?
Frisk
Should officers frisk or open large pliable containers?
Open
Do officers have to frisk outside of duffle bag?
No. Just open
If several officers are present, should they allow suspect to open container himself?
No. No matter how many officers are present the police cannot safely allow detained suspect to reach inside container that they reasonable fear may contain a weapon
The frisk of a vehicle extends to areas where the suspect ___________ has, has or will have access to a weapon
Realistically
Does the right to frisk end when suspect is removed from vehicle?
No
Can police frisk every possible area a suspect can reach for a weapon?
No not without evidence that he actually did (example pulling down back center arm rest and finding gun) isn’t good without seeing suspect specifically reach there
When officers testify about frisking car they should explain how they focus on the _________ ________ area
Realistic reach area
Officers should check where suspect actually reached or where they could quickly reach upon ___________ their vehicle
Re-entering
Can officers frisk locked glove box?
Yes
Can officers open small containers that can’t hold a weapon (pill bottle) during frisk?
No
Can you check trunk during frisk?
No. Unless passenger had direct access to it. Example rear portion of bronco behind passenger seat considered part of passenger compartment
