Police information: Officer Observations Flashcards
What are the four physical intrusions preformed by Officers?
1) Threshold inquires
2) Frisks
3) Arrests
4) Searches
A threshold inquiry is :
Brief detentions to determine whether citizens are engaging in criminal conduct
A Frisk is :
Pat downs of citizens clothing, possessions and/or vehicle to determine whether they are armed
An arrests is:
Taking Citizens into formal custody because they have committed a crime
A Search is:
Intrusions into private areas to look for evidence of crime
Officers must have ________ information to justify their intrusive activity
Sufficient
What is a hunch
A hunch is an intuitive or gut feeling about something. Often described by officers as instinct
What is reasonable suspicion:
Reasonable suspicion is more concrete than a hunch and involves specific fats that lead an OBJECTIVE police officer to suspect 1) A criminal activity has, is, or will occur and sometimes 2) the suspect may be armed and dangerous
What is probable cause :
Probable cause leads to an officer to believe it is more likely than not that 1) the suspect has committed or is committing a crime and/or evidence will be found in particular place
When you have a hunch permissible Police conduct:
Field encounter
(Officers observe and speak with a subject. However, Officers cannot compel the subject to stay or even interact with them)
When officers have reasonable suspicion they can conduct ?
Threshold inquiry and/or frisk
(If a crime is suspected , then conduct a threshold inquiry, if a crime and dangerous weapon is suspected then frisk)
When Officers have Probable cause they can conduct:
Charge and/or search
(Charge a crime by warrant, arrest or complaint. Search for evidence with or without a warrant)
What is the definition of reasonable suspicion
There are trustworthy facts and inferences; that would lead a reasonable person to believe; there is a concrete possibility; that a crime is, was or will be committed and sometimes the suspect is armed and dangerous
What is the definition of Probable cause ?
There are trustworthy facts and inferences that would lead a reasonable person to believe it is more likely than not; that a specific crime was or is being committed and/or evidence of crime is in a particular place.
The major difference between reasonable suspicion and probable cause is the _________ of information
Amount
(the degrees of certainty that officers in the field possesses, For reasonable suspicion the officer must have concretely suspicious while probable cause requires poof “more likely then not” a crime has occurred or evidence is in a specific place)
The second difference between reasonable suspicion and probable cause is the ________ activity
Authorized
(RS is the least amount of information needed to detain citizens and sometimes frisk. For charging crimes and searching an officer needs probable cause)
The Constitution insists that officers rely on _________ information
Trustworthy
What are the two types of information that officers can rely on to establish reasonable suspicion or probable cause ?
1) Their personal observations
2)Information provided by other people (Secondary sources)
Officers must deal in ________ not assumptions and innuendo
facts
Officers may make _______ from the facts they learns
inferences
(reasonable deductions. Inferences must be reasonable not inescapable. Example: When you see a known drug dealer drive up and make a hand to hand interacting you can infer that it was a drug deal. The driver could have handed the other party a stick of gum but officers do not have to eliminate all innocent possibilities before investigating)
Another name for an inference is …..________ _________
Circumstantial evidence
(While no definitive number of facts must be present, it is usually necessary to rely on more than one to develop reasonable suspicion or probable cause)
Probable cause and reasonable suspicion are concerned with ________
Probabilities
(the factual and practical considerations of everyday life on which reasonable people, who are not legal technicians act. The court is obliged to look at situations from the perspective of a reasonable person)
Officers do not have to show that the information they rely on in the field will be ________ at trial
admissible
The ________ _______ of Officers investigating a case is evaluated to determine if a reasonable suspicion or probable cause exist
Collective knowledge
Officers do not have to ______ their information with each other for collective knowledge doctrine
share
(it is not necessary for officers to actually trade information. The knowledge of once officer may be attributed to another as they work together to establish RS or PC)
Collective Knowledge includes information obtained by ________ _______
Civilian Dispatchers
When investigating an officer may take into account past ______ ______ in an area
criminal conduct
The ______ _____ nature of the area is only relevant if directly connected to the location and activity being investigated
High crime
The history of a _______ is never, by itself, justification to stop anyone
Location
When an activity is “____ __ _______” with a particular location officers may develop a reasonable suspicion to investigate
Out of character
Insufficient suspicious activity provides no basis for _____
detention
Violation ordinance or bylaw may justify a ______ _______
threshold inquiry
Violation of ordinance or bylaw may justify ______
arrest
Concealing an item or transferring an item to another may indicate ______ _____
Criminal conduct
Officers are not required to see the illegal object ______
exchanged
A suspects drug history is a ______ ____
Critical Factor
A public exchange between parties is not automatically _________
Suspicious
There must be proof that an ________ took place especially with multiple people present
exchange
(When there are multiple people present during an exchange officers must be clear who is involved)
Presence of an object in _______ is not enough to be suspicious
mouth
The fact that a person is visibly nervous, flees or hides may contribute to ______ ________
reasonable suspicion
A ________ flight may support reasonable suspicion
Companions
Flight cannot be the ______ factor for reasonable suspicion.
MAJOR
(There are reasons other than guilt why residents, especially minority groups, might want to avoid police contact )
A persons _____ ______, reputation or association with criminals may help create reasonable suspicion or probable cause
criminal record
There are _________ on use of prior record
Limitations
(A prior record will not, by itself, justify the police detention, Furthermore, any prior offenses must be sufficiently recent and similar to the crime under investigation)
Evasive or ______ answers, coupled with other information, may provide reasonable suspicion or probable cause
Implausible
_______ statements by companions may lead to RS or PC
Inconsistent
Knowing _____ facts about the crime may lead to RS or PC
Undisclosed
Lack of _______ with investigation may lead to RS or PC
Cooperation
An ________ statement may create RS or PC
incriminating
If a suspect resembles the __________ of a perpetrator, officers may detain him
Description
(A closer match will result in probable cause)
Avoid _____, ethnic based descriptions
generic
_________ ____ cannot be used to connect a defendant to a crime.
Demographic data
_______ date may never create reasonable suspicion
Census
________ techniques may support reasonable suspicion or probable cause
Investigative
Police may not stop a vehicle to serve a _____ _____ _____ ______
Civil Abuse prevention Order
Traffic stops may not be based on ________ violation
anticipated
Traffic stops may be based on _______ ______ of a civil infraction
Reasonable suspicion
(Most traffic stops are triggered when officers observe an obvious moving violation)
_______ _____ motives do not invalidate a civil infraction stop
Legitimate investigatory
When the defendant in a car stops raises a reasonable inference of police bias counsel may address these six points :
1) the specific agency policies and procedures regarding traffic stops
2)The officers regular assignment
3) The officers enforcement pattern
4)The sequence of events prior to the stop
5)The way the officer conducted the stop
6) The public safety interests at stake in enforcing the violation
Burden on the ________ to rebut reasonable inference of police bias during a car stop
Prosecutor
(If the prosecutor fails, the judge will typically suppress the evidence. It is legally insufficient to simply assert that an actual traffic violation occurred)
Police testimony is key to disproving bias. Name the 7 point an officer should touch on :
1) Agency Policy
2)Personal commitment
3)Assignment
4)Past patterns
5)Events prior to stop
6)During the stop
7)Implicit bias
When speaking of events prior to stop when testifying about police bias. Officers should touch on (4 Points);
1) Vantage Point prior to stop
2)Running plates (Officers may check the status of registrations at any time as long as they are not motivated by racial bias Comm v Starr)
3)Nature of Violation
4)Following ( Officers should NOT make a habit of following parties looking for violations )
Officers may rely on database information that is ______ determined to be incorrect
Later
Officer must _________ release a motor vehicle once they realize they’re not the registered(Unlicensed etc) owner they’re looking for
Immediatley
Officers
Running a registration through an MDT what are the two unacceptable for checking a registration:
1) Biased Agenda
2) Personal Agenda
Police may assume ___________ Vehicle owner is driving
Unlicensed
(example: Officer pulled over vehicle whose owner did not have a license. When he pulled over the vehicle the owners son was driving but he also was unlicensed and OUI)
Traffic stop may follow a _______ _____
Parking Violation
(Example: Officer observed a parking violation. Approached the driver and asked for their license. The driver ran and was found to have a fire arm. The officer had reasonable suspicion to investigate the parking offense )
Traffic stop may be based on marijuana _____,______ or ____ _____
Odor, smoke or visible use
(Clearly officer have reasonable suspicion to a vehicle for an open container when they smell the odor of marijuana coming from a passing vehicle)
Officers
According to the Kirwan Institute at OSU what is the definition of Implicit bias ?
Implicit bias refers to the attitude or stereotypes that affect out actions and decisions in an unconscious manner
Officer must _________ release a motor vehicle once they realize they’re not the registered(Unlicensed etc) owner they’re looking for
Immediatley
Officer must _________ release a motor vehicle once they realize they’re not the registered(Unlicensed etc) owner they’re looking for
Immediatley
Police may assume ___________ Vehicle owner is driving
Unlicensed
(example: Officer pulled over vehicle whose owner did not have a license. When he pulled over the vehicle the owners son was driving but he also was unlicensed and OUI)
Running a registration through an MDT what are the two unacceptable for checking a registration:
1) Biased Agenda
2) Personal Agenda
Police may assume ___________ Vehicle owner is driving
Unlicensed
(example: Officer pulled over vehicle whose owner did not have a license. When he pulled over the vehicle the owners son was driving but he also was unlicensed and OUI)
Traffic stop may be based on marijuana _____,______ or ____ _____
Odor, smoke or visible use
(Clearly officer have reasonable suspicion to a vehicle for an open container when they smell the odor of marijuana coming from a passing vehicle)
Running a registration through an MDT what are the two unacceptable for checking a registration:
1) Biased Agenda
2) Personal Agenda
According to the Kirwan Institute at OSU what is the definition of Implicit bias ?
Implicit bias refers to the attitude or stereotypes that affect out actions and decisions in an unconscious manner
According to the Kirwan Institute at OSU what is the definition of Implicit bias ?
Implicit bias refers to the attitude or stereotypes that affect out actions and decisions in an unconscious manner
Traffic stop may follow a _______ _____
Parking Violation
(Example: Officer observed a parking violation. Approached the driver and asked for their license. The driver ran and was found to have a fire arm. The officer had reasonable suspicion to investigate the parking offense )
Traffic stop may be based on marijuana _____,______ or ____ _____
Odor, smoke or visible use
(Clearly officer have reasonable suspicion to a vehicle for an open container when they smell the odor of marijuana coming from a passing vehicle)
Traffic stop may be based on marijuana _____,______ or ____ _____
Odor, smoke or visible use
(Clearly officer have reasonable suspicion to a vehicle for an open container when they smell the odor of marijuana coming from a passing vehicle)
Traffic stop may follow a _______ _____
Parking Violation
(Example: Officer observed a parking violation. Approached the driver and asked for their license. The driver ran and was found to have a fire arm. The officer had reasonable suspicion to investigate the parking offense )
Police may assume ___________ Vehicle owner is driving
Unlicensed
(example: Officer pulled over vehicle whose owner did not have a license. When he pulled over the vehicle the owners son was driving but he also was unlicensed and OUI)
Traffic stop may follow a _______ _____
Parking Violation
(Example: Officer observed a parking violation. Approached the driver and asked for their license. The driver ran and was found to have a fire arm. The officer had reasonable suspicion to investigate the parking offense )
Officer must _________ release a motor vehicle once they realize they’re not the registered(Unlicensed etc) owner they’re looking for
Immediatley
Running a registration through an MDT what are the two unacceptable for checking a registration:
1) Biased Agenda
2) Personal Agenda
According to the Kirwan Institute at OSU what is the definition of Implicit bias ?
Implicit bias refers to the attitude or stereotypes that affect out actions and decisions in an unconscious manner
Officers
_________ ______ is a legitimate reason to stop a vehicle if a driver or passenger may be at risk
Community Caretaking
A ______ _____ is an insufficient basis to pull a vehicle over for community care taking
Lost motorist
A roadside community care taking encounter did not justify a traffic stop when the vehicle _____ ____
Drove away
A community care taking encounter may transform into detention for a possible _____ _____
impaired driver
Community caretaking also justifies stopping a vehicle for a condition that would cause the driver to fail a ______ _______
Safety inspection
Reasonable suspicion of a_____ _____ justifies a traffic stop
Minor crime
(example: Trespassing, Littering, underage drinking)
Reasonable suspicion for an MV stop may develop based on ______, ______ and _______ of activity
Time, place and type
(example: Meaningless ride)
While separate actions may appear innocent, they may _____ to match a legitimate behavior based profile
Combine
(example: party at logan paid cash for hotel, hard sided luggage, came from Arizona, many cellphone calls gave troopers RS to pull vehicle over)
_________ suspicious activity does not justify a stop
Insufficient
(Officers must be able to explain how the activity suggested criminal wrongdoing)
According to the Kirwan Institute at OSU what is the definition of Implicit bias ?
Implicit bias refers to the attitude or stereotypes that affect out actions and decisions in an unconscious manner
Traffic stop may follow a _______ _____
Parking Violation
(Example: Officer observed a parking violation. Approached the driver and asked for their license. The driver ran and was found to have a fire arm. The officer had reasonable suspicion to investigate the parking offense )
Traffic stop may be based on marijuana _____,______ or ____ _____
Odor, smoke or visible use
(Clearly officer have reasonable suspicion to a vehicle for an open container when they smell the odor of marijuana coming from a passing vehicle)
Police may assume ___________ Vehicle owner is driving
Unlicensed
(example: Officer pulled over vehicle whose owner did not have a license. When he pulled over the vehicle the owners son was driving but he also was unlicensed and OUI)
Running a registration through an MDT what are the two unacceptable for checking a registration:
1) Biased Agenda
2) Personal Agenda
Motor vehicle stop must immediately ____ once reasonable suspicion evaporates
ends
