Frisk Flashcards
A decision to frisk must based on reasonable suspicion that the suspect
Engaged in criminal activity and is armed and dangerous
Just because police conduct a threshold inquiry they may not _______ frisk
automatically
True or False. If officers have a reasonable suspicion that the suspect is engaged in drug dealing, they may automatically frisk him since it is well known that drugs and guns are linked
False
The most important factor in an officers decision to frisk is ?
The crime under investigation
True or False. The appeals court has stated that when a domestic dispute has taken place is sufficient to justify a frisk
False
Police receive an anonymous tip that describes a man carrying a gun in a backpack. Officers approach a man fitting the description and ask to speak to him. The man hesitates and reaches toward his backpack to remove it. Officers seize the backpack and immediately feel a weapon, open the backpack and find the gun. The man does not have an LTC. Is the seizure proper
Yes based on the tip and developing safety concern
A suspects reputation for ________ may support a police frisk. For example a man who bragged to his girlfriend that he had killed two men earlier that day was properly frisked by police
Dangerousness
True or false. When an officer describes nervous behavior of a person he knows which is uncharacteristic of the person that may legitimately support the officers decision to frisk
True
(Being aware of someones baseline behavior enables the officer to testify persuasively to behavioral changes that might indicate when this same person poses a threat.)
You see a man walking in a high crime area with a limp and his hand on his right side, You think the man is carrying a weapon. Do you need to have a reasonable suspicion to question him ?
No as long as the man is free to go
(remember until an officer engages in a show of authority a citizen is not seized, which means that officers may approach and interact before they develop a reasonable suspicion)
An officer asks the driver to exit his vehicle during a lawful traffic stop and then asks whether the driver has any weapons . The driver says that he has a small knife hanging from his necklace. Is the Officer justified
Yes based on the mans respone
While police are not permitted to automatically seize a suspects companions any time they have an arrest warrant for a member of a group an officer may temporarily freeze a scene for the limited necessary to safely execute an arrest warrant for a person accused of a VIOLENT FELONY. In these circumstances officers must exercise _________ ______ at the scene
Unquestioned Command
A weapon concealed on the suspects person is the _____ ____, then check the other permissible areas
Primary risk
The most important thing for you to remember, when you are conducting a frisks of persons and feeling various objects, is that the courts do not expect you to ______ ___ ___ ______
Gamble with your safety
If an officer seizes nonthreatening contraband detected through the sense of touching during a frisk, this is known as _______ ______. In his report the officer should note that the _________ ,_______ and _________ of the object made its incriminating nature immediately apparent
Plain feel
Size
Shape
Texture
The foundation of plain feel is the the officers initial decision to _____
Frisk