Frisk Flashcards

1
Q

A decision to frisk must based on reasonable suspicion that the suspect

A

Engaged in criminal activity and is armed and dangerous

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2
Q

Just because police conduct a threshold inquiry they may not _______ frisk

A

automatically

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3
Q

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

A

False

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4
Q

The most important factor in an officers decision to frisk is ?

A

The crime under investigation

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5
Q

True or False. The appeals court has stated that when a domestic dispute has taken place is sufficient to justify a frisk

A

False

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6
Q

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

A

Yes based on the tip and developing safety concern

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7
Q

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

A

Dangerousness

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8
Q

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

A

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.)

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9
Q

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 ?

A

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)

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10
Q

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

A

Yes based on the mans respone

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11
Q

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

A

Unquestioned Command

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12
Q

A weapon concealed on the suspects person is the _____ ____, then check the other permissible areas

A

Primary risk

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13
Q

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 ______ ___ ___ ______

A

Gamble with your safety

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14
Q

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

A

Plain feel
Size
Shape
Texture

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15
Q

The foundation of plain feel is the the officers initial decision to _____

A

Frisk

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16
Q

True or False. Provided that an officer is conducting a valid frisk, the fact that he touches an item a second time, through the suspects clothing, does not necessarily nullify a “plain feel” seizure of evidence

A

true

17
Q

The proper method for frisking a suspects container depends on the type of container. What type of container should officers frisk the container rather then open it?

A

A small and pliable container

18
Q

Inspecting the dashboard, console, seats and floor areas makes sense because occupants can gain ____ ____ to a weapon there

A

quick access

19
Q

True or False. Frisking a locked glove box- once occupants have exited the vehicle- is proper because it is easily accessible and large enough to hold a weapon

A

True

20
Q

During the frisk of a vehicle, which area of the vehicle is usually forbidden

A

Trunk

21
Q

True or false. Under Massachusetts law, an officer may never frisk the trunk because it is an area that is not immediately accessible to vehicle occupants, so there is virtually no risk they will obtain a weapon from this location

A

False
( A Mass Appellate Court has yet to definitely rule on these issue. While typically, officers should not frisk the trunk, there might be a situation where an occupant in the back seat has quick access through a fold down seat or panel. In such a case, officers may want to go through a fold down seat panel)