Law Flashcards
What can an officer do during a detention for a non-traffic infraction?
- Investigate the violation
- Investigate identity
- Issue the appropriate citation
What is a detention?
A temporary restraint of a person to facilitate the enforcement of a violation level offense.
During a detention for a traffic violation an officer may:
- Investigate the violation
- Investigate identity
- Issue the appropriate citation
- Make an inquiry into crimes that the officer develops reasonable suspicion for
- Make officer safety inquiries
- Use force when reasonable
- May request to search for items of evidence
What is a stop?
The temporary restraint of a person to make an investigative inquiry based on reasonable suspicion the person has committed, or about to commit a crime. The officer must subjectively believe that the person stopped has committed a crime, and that belief must be objectively reasonable under the circumstances
When can an Ofc. request for consent to search unrelated to a traffic stop?
- The officer develops a reasonable suspicion of a crime or another infraction
- The officer develops reasonable suspicion that a person present poses an immediate threat of serious physical injury to the officer or others present
- The inquiry or request does not unlawfully extend the duration of the stop
- The inquiry or request occurs after the stop is terminated
When is the Miranda warning required?
- Police officer
- Interrogates
- A suspect in custody or under compelling circumstances
What is a search?
Occurs when a person’s privacy interests are invaded, or when a person has a reasonable expectation of privacy in the area invaded
What is a seizure?
Occurs when there is a significant interference with a person’s possessory or ownership interest in a property
What are the seven exceptions to the warrant requirement?
- Search incident to arrest
- Terry frisk/officer safety response
- Consent
- Exigent circumstances
- Plain and open view
- Emergency aid
- inventory
What is unequivocal vs equivocal?
Equivocal is to clarify.
Unequivocal is clear