Pg 20

Question 1

What is the justification for police officers doing a frisk?

Answer 1

Officer safety or the safety of those nearby

Question 2

What is a frisk confined to?

Answer 2

The intrusion that is reasonably designed to discover guns, knives, clubs, or hidden instruments for an assault on an officer or those nearby

Question 3

When an officer is doing a stop and frisk, what are they limited to in their actions?

Answer 3

A pat down of the outer clothes or things that the police officer believes are weapons

Question 4

What is a plain feel seizure?

Answer 4

When an officer is doing a stop and frisk and he feels something that he immediately knows is contraband, he can reach in and remove it

Question 5

What are the steps involved in doing a stop and frisk?

Answer 5

– police officer sees conduct that leads him to reasonably conclude that criminal activity might be present or that a person might be armed and dangerous
– officer identifies himself as a cop and makes reasonable inquiries
– nothing dispels reasonable fear for his own safety
– officer can protect himself and others

Question 6

What are the grounds that you need to stop someone and the grounds that you need to frisk them?

Answer 6

• stop: reasonable suspicion of criminal activity

– frisk: reasonable suspicion that the person is armed and dangerous

Question 7

What is necessary in order for police to do a pat down?

Answer 7

Purpose must be protective, it cannot be looking for evidence. There must be a factual basis to conclude that the suspect is armed or dangerous

Question 8

Is it possible for a frisk to be totally unrelated to the justification for the initial stop?

Answer 8

Yes

Question 9

Can police do a general exploratory search for whatever evidence can be found during a stop and frisk?

Answer 9

No, they can only do what is minimally necessary to learn if the suspect is armed and then to disarm him if a weapon is discovered

Question 10

If while a police officer is doing a stop and frisk he immediately puts his hand in the suspect’s pocket, what happens?

Answer 10

He has exceeded the scope because the search must start with a pat down

Question 11

If a police officer is doing a stop and frisk and he’s satisfied that the object in the person’s pocket is not a weapon, what has to happen?

Answer 11

The tactile exam must end based on the size and density

Question 12

When police are doing a stop and frisk, can they move an object around to figure out whether it is contraband?

Answer 12

No, this would exceed the scope because they didn’t immediately know what it was and by squeezing or manipulating the object to determine what it is, the search became unreasonable

Question 13

If a police officer is doing a stop and frisk and he thinks he found a weapon, he removes it, and then finds out it is just a cigar tube, can he open it?

Answer 13

No because he knows it is not a weapon so the search must conclude. But if the tube was clear and cocaine was inside, that would be fine

Question 14

If a police officer is doing a stop and frisk and he feels something he suspects is drugs, can he remove it?

Answer 14

Because it is not a weapon, he must have probable cause to justify removal

Question 15

What is involved in the warrant exception for hot pursuit or evanescent evidence?

Answer 15

Evidence might disappear if time is taken to get a warrant, so no warrant is required.

Ie: you can scrape under bloody finger nails because the person might wash their hands, or you can pursue a fleeing felon even into a private dwelling

Question 16

What is involved in the warrant exception for a post arrest inventory search?

Answer 16

When a defendant is in a detention center, a complete search of his person is done in order to:

• inventory his things to protect his property and the police from claims of theft
• protect the facility from weapons or contraband entering
• ensure the S’s identity

There’s no need for probable cause for this. As long as the search is reasonable and done according to standardized procedures that are uniform every time, there is no violation

Question 17

What are things that police can seize during a post arrest inventory search?

Answer 17

– evidence if there is probable cause

– instrumentalities or fruits of crime

Question 18

If there is probable cause for arrest, but no arrest has been yet made, and the defendant is actively destroying highly evanescent evidence, what can the police do?

Answer 18

They are permitted to do a very limited search to avoid the destruction. I.e.: someone at the station with blood under his nails starts rubbing it off. Cops can collect it even though the defendant is not arrested yet

Question 19

If cops lawfully arrest the defendant, can they secure his vehicle and do an inventory of its contents?

Answer 19

Yes, in order to protect the car, the property in it, or the police from false accusations of theft, or anyone from potential danger

Question 20

What is the standard that is applied to post arrest inventory searches?

Answer 20

This is done according to the standard procedures of the local police department and has nothing to do with probable cause

Question 21

If police are doing a post arrest inventory search of a car that has been impounded, what can they search?

Answer 21

• the glove box or trunk
  – containers or articles inside
  – can open closed containers or packages if following standard procedures

Question 22

Is it OK if police have discretion for a post arrest inventory search?

Answer 22

No, everything has to be done according to protocol and every vehicle must be treated equally

Question 23

Is it OK for a post arrest inventory search of a car that has been impounded to be done to search for evidence of criminal activity?

Answer 23

No, the purpose of this is to protect the owner from anybody stealing his things and to secure weapons or anything dangerous

Question 24

If a car is going to be left at the scene, what can the police do with regard to searching it?

Answer 24

They can do limited activity to secure the car and the contents if the car would be vulnerable to intrusion by vandals or there is probable cause to think that a weapon was inside

Question 25

What are numerous situations that you do not need a warrant to do a search?

Answer 25

• searches of parolees in their homes
  – government employee’s desks or file cabinets with work related things
  – drug test of railroad employees that were in an accident
  – drug test of customs agents that were involved in drug interdiction
  – drug test of public school students in extracurricular activities
  – administrative searches to seize spoiled or contaminated food

Question 26

What is required for the warrant exception for automobile stops or roadblocks?

Answer 26

If there are special law-enforcement needs involved, the police can set up roadblocks to stop cars even without reasonable suspicion as long as the roadblock:
– stops cars on neutral and articulable standards
– serves a purpose closely related to the problem relating to cars and their mobility

Question 27

Do passengers have standing to raise a wrongful stop as a reason to exclude evidence that was found during a roadblock stop?

Answer 27

Yes

Question 28

Can police order occupants out of a vehicle after doing a lawful automobile roadblock stop?

Answer 28

Yes, if they reasonably believe the S is armed, they can frisk him and search the passenger compartment for weapons

Question 29

Is it possible to do an automobile roadblock to search for someone that was recently involved in committing a crime in the area?

Answer 29

Yes, if the police officer has reasonable cause to think that a felony has happened and stopping all or most cars in that direction is reasonably necessary to search for the perpetrator, considering the seriousness and special circumstances. This should only be done if there was a reliable report of serious crimes that require quick apprehension and must be reasonably located near the crime’s location