Encounter investigative detentions Flashcards
1
Q
______v_____ is the classic 1968 case that established investigative detentions and frisks
A
Terry V Ohio
2
Q
Officers must be able to ____ their reasons for stopping and seizing a citizen
A
Articulate
3
Q
An Officer decision to detain/or Frisk is subject to review by a ____
A
Judge
(SJC in terry said “ Anything less would invite intrusions upon constitutionally guaranteed rights based on nothing more substantial than inarticulate hunches”) Central teaching of the 4th amendment
4
Q
What is the statutory right to detain and frisk in Massachusetts
A
41/98
(Officers may examine all persons abroad who they have reason to suspect of unlawful design and may demand of them their business abroad and where they are going… If an officer stops a person pursuant to this section and reasonable believes he is in danger of life and limb he may search a person for dangerous weapons)
5
Q
During an investigative detention the suspect is not ______ _ _____
A
Free to leave
( Detained on reasonable suspicion )
6
Q
Reasonable suspicion to detain does not automatically entitle an officer to _____
A
Frisk
7
Q
During an investigative detention there is ________ ______ that suspect is, was or will be committing a crime
A
Reasonable suspicion
8
Q
During a frisk an officer has a reasonable suspicion that that suspect is ______ __ _____ while committing a crime
A
Armed and dangerous
9
Q
One of the factors for both investigative detention and frisk is the ___________ or character of the area
A
Environment
10
Q
What is the E.A.S.E for detention and frisk
A
Environment
Advanced Information
Suspect behavior and background
Expertise and Officer experience
11
Q
Prior to the moment they _____ a citizen, Officers are free to approach and talk with anyone
A
Detain
(These voluntary interaction are called field encounters and they are a highly valuable police strategy)
12
Q
A detention or seizure occurs when a police officer engages in a ______ ___ _______
A
Show of authority
(This means the officer words or conduct will communicate to a reasonable person that he will be forced to stay.)
13
Q
A show of authority can include these three actions
A
1)Police restraint
2) Pursuit
3) Command
14
Q
The most obvious detention occurs when an Officer physically ______ a person
A
restrain
15
Q
Incidental touching is not _______
A
detention
16
Q
Blocking the path of a suspect on foot is a ______
A
detention
17
Q
Officers also detain a citizen when they block his ______
A
Vehicle
(Police received a repot of a man in a black coat with a gun who got into a black motor vehicle with a specific number plate and gunshots were heard nearby. They saw the MV with matching plate. Stopped the car, blocked the driver door and located the SP)
18
Q
Under article _____ , Officer seize citizens when they initiate pursuit with the intent to detain for question
A
14
(The stops starts when pursuit begins because the citizen is the object of police authority)
19
Q
Under article 14 police must consider a suspects ___ in deciding whether to detain
A
Age
(A nearby shooting, the absence of other pedestrians and a person 21 seeming to hide a firearm justified the stop)
20
Q
In contrast to pursuit ,________ is not a detention because there is no assertion of authority
A
Surveillance
21
Q
Officer may approach or follow a suspect on foot in public without it being considered a ______
A
Seizure
22
Q
Officers do not seize a person just because they run after him, unless their is a show of ______
A
Authority
(Following wasn’t a detention in Crabbe did not call out for the SP to stop and there was no evidence SP even knew he was being pursued)
23
Q
Officers may also approach or follow suspects in their ______
A
Cruiser
( No show of authority just driving near an SP)
24
Q
Approaching a ______ vehicle to check on its occupants is typically not a detention
A
Stationary
(A stationary vehicle is treated from a moving one because its occupants have less of an expectation of privacy)
25
Following a moving vehicle is not a ________
Seizure
26
Checking the _______ of a stationary or moving vehicle is not a seizure
Status
(Operators have no expectations of privacy in the information provided by their number plates which ,must be displayed conspicuously by law)
27
Police do not detain an individual when they identify themselves and ask questions in a _______ _______ __ ______
Normal Tone of Voice
(even though a citizen does not feel free to walk away without responding the fact the a citizen feels "inhibited" is not enough. A detention occurs only when an officer speaks in an authoritative manner)
28
An officers unspoken decision to detain is _________ in deciding whether a citizen has been seized
Irrelevant
(The sole issue is how the officer outwardly communicates)
29
Requesting to take someone's ________ is not a detention if he is free to refuse
Photograph
30
What is the central teaching of the fourth amendment ?
Instead of inarticulate hunches the police must provide specific reason to justify the intrusion on a citizens privacy.
31
_______ ______ is the level of information that must exist in order to justify a detention and frisk
reasonable suspicion
32
Prior to the moment they detain a citizen, officers are free to approach and talk with anyone. These non-compelled interactions are called ______ ______
Field encounters
33
An officer initiates a pursuit of a civilian with the intent to detain him/her for questioning. Under article 14 of the Massachusetts declaration of Rights what has occurred
A Seizure
34
It is essential for officers to understand when a seizure of a person takes place because, at that moment they need a reasonable suspicion. The definition of a seizure is a ....?
Show of authority that communicates to a reasonable person he will be forced to stay
35
A show of authority occurs when an officer engages in the following activities(3):
1) Restraint
2) Pursuit
3)Command
36
Is an investigative detention considered to be a stop/seizure
Yes because the suspect is not free to leave
37
Under Article 14, a person is seized when a police officer initiate pursuit with the ......
intent to detain him for questioning
38
Under the Fourth Amendment a person is seized when an officer initiate pursuit only is ......
The Officer actually retrains the suspect or the suspect submits to police authority
(In contrast, Massachusetts insists that the stop starts when pursuit begins)
39
Officers do not detain a person just because they run after him- unless they engage in a _____ __ _______
show of authority
40
Does the perceived age of the suspect make a difference in deciding whether police behavior resulted in a field encounter or an investigative detention?
Yes, Officers must understand that a juvenile will police communications are more coercive than an adult will.
41
In contrast to pursuit, _______ is not a detention because there is no assertion of authority
Surveillance
42
True or false. Because it is intimidating to the average pedestrian, police engage in seizure or detention when they purposefully follow a citizen in their cruiser with the intent to interact with him about a police matter
False
(Police can follow anyone in public as long as they do not engage in a show of authority)
43
True or False, A random check of registration data while following a vehicle is not a seizure and does not require any level of justification
True
44
True or false. If an officer asks a person if he can speak with him, that person is seized.
False
45
Police do not need a _______ ______ until they stop or seize a suspect or vehicle. Prior to the stop/seizure police are free to approach and talk to anyone
reasonable suspicion
46
True or False. A suspect is seized if police briefly conduct a check for outstanding warrants on the street without asking the suspect to produce identification.
False
47
Reasonable suspicion must exist at the moment of the stop, and the investigative detention must be initiated with ______ force given the reason of the stop
Reasonable
48
_______ force may include pre arrest handcuffing
reasonable
49
True or false. When approaching with a gun drawn is typically excessive absent potentially danger circumstances or information that the suspect is armed.
True
50
list the 6 factors that would justify pre arrest handcuffing
1) Possibly armed
2)Flight
3) Precarious location
4)one on one or outnumbered
5)Night
6) Struggle
51
Approaching with gun drawn is only permitted when there is a serious potential for danger. What are three realistic fears and safety concerns ?
1) Specific information suggesting their suspect would be armed
2) Any relevant criminal history or prior incidents
3)Their tactics and training (The ready position is a lot different then pointing the weapon at someone)
52
Blocking a vehicle may be proper or it may be excessive and transform the detention into an _____
arrest
(On appeals in Comm V. Stawarz the defendants acknowledged that officers had reasonable suspicion to stop their car, however they insisted and the SJC agreed that forcing their vehicle to the curb was excessive considering there had been no dangerous driving or other indication or potential violence before the stop)
53
An investigative detention is limited by _____, ______ and _________
Time
Activity
Location
54
There is not set rule for the proper length of detention, although ________ should get street officers thinking about whether they are closer to probable cause to arrest or whether they lack grounds to press their investigative detention further
15 minutes
55
True or False. Citizens do not have a general, legal obligation to identify themselves, and may not be arrested or detained indefinitely if they do not
True
56
6 examples when officers may take enforcement action if a citizen refuses to identify himself or provide false information about his identity
1) vehicle operation
2)Possession of a gun
3)bicyclist
4)littering
5)False name or id information AFTER arrest
6)false name with intent to impede investigation
57
There are times when an officer MAY btake enforcement _______ if a citizen refuses to identify himself or provides false information about his identity
Action
58
True or False. A Police officer may fingerprint a suspect in the field during an investigative detention based on a reasonable suspicion. This is true if officers have a reasonable basis to believe that fingerprints will establish or negate the suspects connection to the crime and carry out the procedure quickly, No warrant is required
True
59
A good ______ _____ is the most common way that officers elevate from reasonable suspicion to probable cause
Field interview
60
Of the three exceptions for moving a party during a detention, which one is the most risky strategy for an officer ?
Relying on a suspects consent to accompany the police to the station
(Make sure its really voluntary)
61
What is a good way to prevent an investigative detention becoming an arrest ?
Allowing a suspect to drive their car to the station for an interview
61
Unnecessarily moving a suspect during an investigative detention transforms the detention into an arrest. The three exceptions to this rule are ?
1) Identification
2)safety
3) Clear consent
62
During a traffic stop, what is an excellent way for an officer to avoid a citizen complaint- especially over a perceived racial or ethnic profiling ?
Tell the motorist the reason for the stop during the initial interaction
63
True or False. An officer must have reasonable suspicion of criminal activity in order to request a driver to roll down his window during a traffic stop as this constitutes a seizure
False
64
During a routine stop, can police ask a driver if he or she has been in trouble before ?
Yes
65
During a routine traffic stop for a civil motor vehicle infraction besides a request for a license and registration a police officer may have a brief conversation with the motorist such as asking where you coming from where you going, It is best if this conversation happens
At the beginning of the stop, before the officer has run a check on the drivers license and registration
66
When they stop a vehicle with multiple occupants at night, officers may automatically order the driver and passengers to exit the vehicle for they safety. In addition officers may request identification under 85/16 so long as the encounter does not involve excessive force
False
(Also automatic exit orders are not permitted in massachusetts )
67
List the six reasons that an officer may ask for a passengers ID during a traffic stop ?
1) Safety
2)civil infraction( 16 year old not wearing seatbelt)
3)resolve violation (passenger with learners permit)
4) Criminal Suspect
5)unsafe/improper (community caretaking issues concerning the well being of passenger)
6) Witness ( Drivers arrested for OUI or operating to endanger)
68
List the four reasons to order an occupant to exit a motor vehicle
1) Safety
2) Investigation
3)Police function
4) Community caretaking
69
An Officer is outnumbered during a traffic stop based on reasonable suspicion the occupants were just involved in drug dealing. What may the officer do to ensure his safety based on this information
Order the driver to turn over the keys to the vehicle
70
When preforming a traffic stop has a reasonable suspicion that her safety is at risk, and she orders the motorist to exit the vehicle. The trooper immediately frisks he motorist as backup arrives. Is this appropriate ?
Yes if the trooper also had a reasonable suspicion that the motorist was armed and dangerous
71
What is the main lesson of Comm v torres-pagan concerning the officer safety during a vehicle stop ?
Do not lump exit orders, frisks and handcuffs together based on any safety concern
(Torres-Pagan is the critical case in motor vehicle stop safety)
72
4 statements about actions an officer may take during a traffic stop that presents a safety risk for the officer
1)An exit order is justified on less then reasonable suspicion
2) A body frisk must be supported by a reasonable suspicion that the driver or occupant is armed and dangerous
3) If a body frisk is warranted then a vehicle frisk should automatically occur in the realistic reach or grab area
4) Tactical awareness and communication such as the wrong side approach and asking questions are always an option at any point during a traffic stop
73
True or false the occupants removal of their seat belts is a factor in indicating potential danger during a stop ?
True
74
True or False. During a stop for civil infractions, the officers learns that the operator has conviction for firearms offenses the officer also sees the driver lean forward out of sight then lift himself up out of the seat if reaching under his butt this knowledge permitted the officer to issue and exit order and then conduct a frisk
True
75
What are some of the 6 factors indicating potential danger during a stop
1) Initial Failure to stop
2)Officers out numbered
3)Removal of seat belts
4)quick move to get out of vehicle
5)dangerous object in vehicle
6)Movement and false ID
76
A traffic stop for Marijuana maybe be based on three factors
1) Odor
2) Smoke
3) Visible use
77
Officers had a reasonable suspicion to stop a vehicle for ________ ______ when they smell the odor coming from a passing vehicle or smell it and observe smoke or see and occupant engaged in likely consumption
Open Container
78
Officers stop a car for a traffic violation and smell burnt marijuana in the vehicle. There is a driver and passenger in the car As a police officer what are you allowed to do ?
Order the driver to exit the vehicle and conduct a standardized field sobriety test
79
Officers stop a car for a traffic violation and smell burnt marijuana in the vehicle. There is a driver and passenger in the car. You see a marijuana pipe on the floor at the feet of the passenger, whom you know to be under 21 years of age. What are you allowed to do ?
Order driver and passenger to exit so that you may investigate the crime of furnishing marijuana to a person under 21 years of age.
(The vehicle is properly under control of the driver. You have reasonable suspicion that the driver allowed the passenger to posses marijuana/ marijuana accessories while visiting on that "property". No proof of criminal possession where over 2 ounces is required)
80
It is recommended that officers remember 6 Principles when concerned about marijuana in a vehicle ....
1)Traffic stop may be based on marijuana odor, smoke or visible use
2) Frisk if safety is at risk
3)Investigate OUI based on odor alone
4) investigate furnishing if occupants under 21
5) investigate drug distribution
6)pursue civil infractions
81
Officers stop a vehicle for a parking violation and smell marijuana in the vehicle. There is a driver and passenger in the car. What are you allowed to do ?
Conduct and investigatory detention for possible impaired operation by the driver
82
True or false. The legal right to possess and consume recreational marijuana is a defense to OUI so is the right to consume medical marijuana
False
83
Massachusetts Officers may search a vehicle for marijuana in any amount on the basis of federal law True or false ?
False
84
True or False. The blatant odor of marijuana is not probable cause to search without other indicators
True
85
True or false. Officers may ask for consent to search based solely on the odor of marijuana ?
True
86
You have reasonable suspicion that a suspect sitting in a parked vehicle has just committed a larceny. May you order him out of the car ?
Yes because you have reasonable suspicion that he has committed a crime
87
Officers may order people out of a vehicle to preform a ______ _____ _____ event though there is no individualized suspicion directed towards them
Legitimate Police Function
88
Under article 14 an exterior dog sniff of a vehicle is not a ______
Search
89
True or false. When a K-9 (trained to detect the odor of firearms or ammunition) alerts to an area this provides probably cause for police to search the area for a firearm or ammunition
False
(Since a person may possess firearms with a license. The circumstances known to police must indicate that the firearm is possessed illegally)
90
A sobriety checkpoint may be conducted if the selection of motor vehicles to be stopped is
Not arbitrary
91
What is required for a sobriety check point(5)
1) Motorist inconvenience must be minimized
2) Selection of vehicles to be stopped must not be arbitrary
3) The action undertaken must be according to a written plan devised by law enforcement supervisors
4)The checkpoint must be configured in a way that ensures public safety
5) The selection of the location must be based on recent and reliable crash and arrest data
(Recommended but not mandatory: Advanced public notice must be given to reduce surprise, fear and inconvenience to motorists)
92
The Supreme court and SJC has ruled that a roadblock to facilitate general crime control is __________
Unconstitutional
