Directive 12.8 Vehicle / Pedestrian Investigation, Flashcards

1
Q

According to Directive 12.8 Veh/ Ped investigations, ____________? is an interaction of non-consensual nature where the officer has developed reasonable suspicion that criminal activity is occurring and the subject of the detention is involved in Criminal activity

A

Investigatory detention

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2
Q

According to Directive 12.8 Veh/ Ped investigations, If Operators suspended/ Revoked status cannot be confirmed then the vehicle will _________?

A

Not be impounded

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3
Q

According to Directive 12.8 Veh/ Ped investigations, Probable cause must be based on ___________?

A

Objective facts that could justify the issuance of warrant by a judge.

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4
Q

According to Directive 12.8 Veh/ Ped investigations, A police officer who has lawfully stopped a vehicle and has probable cause to believe that evidence/ contraband is concealed somewhere within the vehicle may ________?

A

Conduct a probing search of the vehicle without a warrant

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5
Q

According to Directive 12.8 Veh/ Ped investigations, According to the United States Supreme Court, the basis for the vehicle stop provides the reasonable suspicion necessary to _____________?

A

lawfully investigate/detain the passenger. This is true, even if the officers have no reason to suspect criminal activity by the passengers.

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6
Q

According to Directive 12.8 Veh/ Ped investigations, While a traffic stop allows passengers to be detained during the investigation, it does not automatically authorize an officer to frisk the driver or passengers. Officers must have additional_________?

A

reasonable suspicion to believe the driver or a
passenger has a weapon that could harm the officer. The additional reasonable suspicion must be articulated on the 75-48A every time a frisk is conducted

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7
Q

Lawful Frisk of Occupant(s):

A

A police officer who makes a lawful stop based upon either reasonable suspicion or
probable cause may frisk the driver and occupants and sweep the immediate area
for weapons but only if the officer has additional reason to believe the driver or the
individual occupant is armed. The basis used to stop a vehicle does not
automatically give the officer the right to frisk the driver and all the occupants.
Officers must articulate on the Vehicle or Pedestrian Investigation Report (75-48A)
reasons why the officer believed the individual was a personal threat.

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8
Q

Lawful Search of Occupant(s) and Vehicle:

A
  1. A police officer who has lawfully stopped a vehicle and has probable cause to
    believe that evidence/contraband is concealed somewhere within the vehicle, may
    conduct a probing search of the vehicle without a warrant. This exemption to the
    general warrant requirement is intended to apply in those situations where an
    officer suddenly and unexpectedly develops probable cause during a vehicle
    investigation. This exemption does not diminish the necessity of probable cause.
    Without a warrant, it is even more critical for officers to document all the facts
    and circumstances that led the officer to reasonably believe the vehicle contained
    contraband. Police Officers/Investigators who have developed probable cause on
    a specific vehicle in advance should not rely on this ruling to avoid securing a
    warrant.
    a. Probable cause must be based on objective facts that could justify the issuance
    of a warrant by a judge and not merely on the subjective good faith of the
    police officer.
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9
Q

The Mere Encounter:

A

This is a consensual interaction where the officer may
ask the citizen questions and generally engage the citizen in conversation. In this
interaction, the police officer may ask for identification from the citizen but the
citizen is under no obligation to engage the officer or provide identification.
Refusal to comply with requests and conversations DOES NOT provide the
officer with any additional suspicion

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10
Q

The Investigatory Detention

A

This is an interaction of a non-consensual nature
where the officer has developed reasonable suspicion that criminal activity is
occurring and the subject of the detention is involved in criminal activity.
During this type of interaction, the officer must be able to point to specific
articulable facts which lead to reasonable suspicion. In this interaction, the
officer may demand identification from the citizen and the citizen must comply
with the orders of the officer.

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11
Q

According to the Supreme Court, anonymous reports of crimes broadcasted by
Police Radio, including illegal gun assignments DO NOT, by themselves, amount

A

to reasonable suspicion to detain and frisk an individual.

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12
Q

According to Directive 12.8 Veh/ Ped investigations, When handling an arresr along with a live stop , whoever prepares the PARS & PINN/ 75-49 report will ________?

A

List all MVC violations in the body of the report

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13
Q

According to Directive 12.8 Veh/ Ped investigations, True or false , Only police ununiform will issue TVR’s

A

True

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14
Q

According to Directive 12.8 Veh/ Ped investigations, True or False, A bicycle is considered a vehicle according to section 3501 of the Vehicle LAWs of Pennsylvania

A

True

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15
Q

According to Directive 12.8 Veh/ Ped investigations, After stopping a bicycle, but before approaching the operator, police personnel will

A
  1. Supply Police Radio with the following information:
    a. Location of investigation
    b. Color/description of bicycle
    c. Description of operator
    d. Whether or not the officer is solo
  2. Request the operator to produce some type of identification (driver’s license, Social
    Security card, library card, student identification, etc.). Officers will be guided by
    Sections 6308(a) and 6311 of the Vehicle Code when there is any question as to the
    validity of the information being supplied to the officer by the operator.
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16
Q

According to Directive 12.8 Veh/ Ped investigations, After stopping a bicycle, but before approaching the operator, police personnel will

A
  1. Issue pertinent TC in accordance with Directive 3.2, “Vehicles Law of
    Pennsylvania (Vehicle Code) Violations
  2. Process an Intoxicated Chauffeur according to Directive 3.4, “Driving Under the
    Influence of Alcohol and/or a Controlled Substance”.
17
Q

The following City ordinance is not covered by the Vehicle Code and therefore,
police officers shall issue traffic citations using the pertinent City Ordinance:
§12-808 –

A

No person shall ride a bicycle upon a sidewalk within a business
district, as such a district is defined in the Vehicle Code. No person 12
years of age or older shall ride a bicycle upon any sidewalk in any
district.“ Business district” – The territory contiguous to and including a highway when
within any 600 feet along the highway where there are buildings in use for business
or industrial purposes, including but not limited to hotels, banks, office buildings,
railroad stations or public buildings that occupy at least 300 feet of frontage on one
side or 300 feet collectively on both sides of the highway

18
Q

define “Dead” plates

A

any Pennsylvania vehicle registration plate (no longer affixed to a
vehicle) which is classified stolen/lost by the BMV. These plates will not be
returned to the registrant since they will not be re-issued.

19
Q

Complete the Acknowledgement of Seized/Surrendered Drivers License/
Vehicle Registration form (DL-640) to be distributed as follows:

A

1) Part I (white copy) is attached to the plate being returned
2) Part II (yellow copy) to be retained by the officer
3) Part III (green copy) given to the vehicle operator if on site.
NOTE: Forms are available through police warehouse, commodity number
0325-735-2 and by phone through Harrisburg at (717) 787-2670.

20
Q

According to the Pennsylvania Vehicle Code §6309.2, any vehicle may be impounded
when it is determined, during a lawful vehicle investigation that the operator is in
violation of any or all of the following statutes:

A

§1301(a) – Driving Unregistered Vehicle Prohibited.
§1371 – Operation Following Suspension of Registration
§1501(a) – Drivers Required to be Licensed
§1543(a) – Driving While Operating Privilege is Suspended or Revoked
NOTE: Impoundment is in addition to any fines and penalties for the underlying
offense

21
Q

IMPOUNDMENT PROCEDURES
A. Once it is determined during the course of a lawful vehicle investigation that the
operator is in violation of any provisions identified above, the investigating officer
shall:

A
  1. Request Police Radio to confirm the status of the operator’s license or lack thereof
    and/or the vehicle’s registration.
    NOTE: If the status cannot be confirmed, the vehicle shall not be impounded.
  2. Upon verification, Police Radio will notify the Philadelphia Parking Authority
    (PPA) and Philadelphia Traffic Court. A time check will be given by Police Radio
    upon notification.
  3. Inform the operator that the vehicle is being impounded by the Philadelphia Traffic
    Court and explain the reason why.
  4. Notify the operator and any occupants that they will not be left at that location and
    that the police department will either transport them to their residence or another
    address if located within a reasonable distance, to the nearest police district where
    the individuals can safely make alternate arrangements, or to the nearest public
    transportation hub, if they so desire. Occupants will also be advised that they have
    the right to refuse any police services.
  5. Prepare a Vehicle Investigation Report (75-48A) UCR Code 2808, Live Stop
    Towing Report and any Traffic Citations if applicable.