Exam 5 Flashcards
Are exit orders automatic at a traffic stop?
No
Reasons for an exit order
Officer Safety
Investigation (RS of a crime)
To Conduct a Police Function (Tow, Search)
Community Caretaking Function (Medical Emergency)
What is a pretextual stop
Allowed to observe/follow someone you think is of unlawful design and then stop them when they commit a traffic violation
THIS IS ALLOWED
MOTOR VEHICLE FRISK
The frisk of a vehicle extends to areas where the suspect
Realistically had, has, or will have access to a weapon
Use of force will be held to ________
Reasonable standard
“Objectively reasonable””
Neither intended nor likely to cause serious bodily injury or death
Non-Deadly Force
Intended to, or will likely cause death or serious bodily injury
Deadly force
What crime has to be committed for an exit order?
ANY crime
The use of physical force is a _____ under the 4th amendment
Seizure
SJC relied on _________ and held that it avoids speculation or second guessing an officer decision for MV stops
Authorization test