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moore pd > Proactive / Drugs / Traffic Questions > Flashcards

Proactive / Drugs / Traffic Questions Flashcards

1
Q

You find contraband on a passenger of a vehicle (ie their pocket). What part of the car can you search? Trunk?

A

The entire car, including trunk

“Once probable cause to search is established, the officer may search the entire vehicle, including the trunk and all containers therein that might contain contraband.” US v Ross, cited in US v Parker

“Defendants maintain, however, that corroborating evidence of contraband found on an occupant of a vehicle does not establish probable cause to search the trunk in the same way as does the finding of evidence in the passenger compartment of the vehicle. The District Court rejected that argument. We argree with the District Court.” US v Parker

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2
Q

When can you impound a vehicle outside an arrest?

A

90 days expired registration
Wrong tag + reason to believe put on to circumvent the law
No insurance
Driving without a valid license

Procedure 500.6

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3
Q

Brake light must be visible from at least __ feet to the rear in ___

A

500 feet

sunlight

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4
Q

When is signaling required? (2 times)

A

When changing lanes
15-509.b.1

When turning at an intersection (two roadways) OR turning to a private road or driveway, if turn AFFECTS other traffic (other cars must be on the road, that car can be a police car), AND must be made 100’ prior to the turn

State v Nelson (2015)
15-905.A

Note: 47 OS 11-604(A) states No person shall turn at an intersection, a public road, a private road, or a driveway without giving an appropriate signal (A) and must be 100’ prior (B)

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5
Q

Do you have to signal when turning from a private drive?

A

Yes (if other traffic may be affected)

47 OS 11-604(A)

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6
Q

Name the 5 pedestrian violations

A

Improperly walking in street when SIDEWALKS provided (15-1709A)
Pedestrian fail to walk on the left side of the road / FACING TRAFFIC (1709B)
Pedestrian walk or run into PATH of close VEHICLE (1703b)
Pedestrian crossing roadway at RIGHT ANGLE (1705)
Prohibited crossing(must use CROSSWALK 1707)

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7
Q

Someone stays at a light after it turns green, or stops on a road. What offense?

A

Improper stopping 15-601.A

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8
Q

You are doing a consent search. You find a bag which likely belongs to a passenger (ie male driver, purse found in passenger seat where a female was seated). Can you search it?

A

No, unless that female passenger gives you consent

Note - you could continue to consent search the car until you find contraband, which gives you PC to search the entire car, including the passenger’s belongings

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9
Q

Are you required to tell a driver on a traffic stop he is free to go before asking for consent?

A

No

Ohio v Robinette

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10
Q

How many grams in an ounce?

A

28

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11
Q

Tail lights must be visible from ___ feet to the rear?

A

1000

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12
Q

Cannot operate a vehicle with an outright breakage in _______

A

the windshield or on windows on either side of driver

15-304

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13
Q

You stop to talk with a pedestrian. He smells like marijuana. He says he doesn’t have a card. Can you PC search him?

A

Yes

US v Harris

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14
Q

Cannot operator vehicle with a STAR break in the critical area over ___ inched in diameter

A

3

15-304

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15
Q

Bicycles - required to have what at night (any speed limit)

A

Side reflective material

15-1610

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16
Q

A passenger is trying to exit the vehicle and leave a traffic stop. Can you order them back in?

A

Yes

US v Williams 2005

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17
Q

Can you unlock a vehicle for an impound inventory?

Can you open up containers found in a vehicle during said impound inventory?

A

Yes (South Dakota v Opperman)

Yes (CO v Bertine)

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18
Q

License plate must be attached to __ and __ of vehicle

Does it need to be in the center?

A

exterior, rear
no

“the license plate shall be affixed to the exterior of the vehicle” 47-1113.a.1

“The license plate shall be securely attached to the rear of the vehicle” 47-1113.a.2

15-105 state motor vehicle code laws… shall be fully enforceable by the city

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19
Q

During a traffic stop, is the passenger of a vehicle seized like the driver?

A

Yes

Brendlin v CA

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20
Q

Can you detain passengers until the impound inventory is complete?

A

No

“The mission of traffic stop is to issue summons/warning due to equipment or traffic infraction”, if not diligently pursuing this objective cannot extend the stop further

Rodriguez v US

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21
Q

If there is probable cause to search a car, then police officers (may / may not) inspect all areas capable of concealing the object of the search, (including / not including) passengers’ belongings

A

may
including

Wyoming v Houghton

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22
Q

You have PC to search a car. Can you open locked containers?

A

Yes

Carroll vs US
US v Ross (main one cited)
Wyoming vs Houghton
CA vs Acevedo

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23
Q

Cannot have ___ STRESS cracks ___ inches or more (combined) in the ____

A

2 or more
12”
Critical area

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24
Q

Bicycles - required to have what at night (speed limit OVER 25 mph)

A

White light on front and red light on rear

15-1610

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25
Q

You get consent to search from a driver, then find contraband.

Does that give you PC to search the entire car?

Does that then give you PC to go inside passenger’s belongings?

A

Yes

Yes (WY v Houghton)

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26
Q

Name some bicycle traffic violations

A

Bicycle fail to obey rules of the road (15-602)
Bicycle fail to obey traffic control devices (15-603)
Bicycle failing to ride as close to (right) side of road as practicable (15-605a)

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27
Q

What can be considered evidence for “intent to distribute?”

A

Presence of scales or baggies
Cash
Larger quantity expected for personal use
Guns
Texts or voicemail messages

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28
Q

A vehicle turns right out of a private business’ parking lot onto a four lane road. Do they need to turn into the right lane?

A

No (because that ordinance/statute only applies to turns at intersections)

15-901
47 OS 11-604(1)

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29
Q

A vehicle turns right out of a private business’ parking lot onto a public road. Do they need to signal?

A

Yes (per STATE statute 47 OS 11-604)

‘No person shall turn a vehicle at… a public or private road. No personal shall so turn any vehicle without giving an appropriate signal as provided in subsection B (not less than 100’) in the event other traffic may be affected by such movement”

Note: Our municipal ordinance which cites this statute does NOT reflect this, so your PC will be from the state statute

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30
Q

If you develop reasonable suspicion of contraband during a motor vehicle stop, can you ask for consent to search BEFORE completing the stop?

A

Yes, because you have reasonable suspicion

US v Watson

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31
Q

Bicycle lights must be visible __ feet to front and ___ feet to rear

A

1000 (15-1610.a)

1000 (15-1610.b)

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32
Q

During a PC search (dope found on driver’s person or within driver’s reach), can you search the trunk?

A

Yes

Can search trunk, even if trunk not within driver’s reach, because driver has dominion/control over the vehicle

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33
Q

Can you have colored tag lights?

A

No, must be white

47-12-204.1.A

34
Q

Traffic signal / stop light. Where must you stop?

A

Before marked stop line

If none, before entering crosswalk

35
Q

No SDL, DL suspended/revoked are now cite and release. When could you still arrest?

A

Motorist is being uncooperative
Articulable reason to believe the motorist will not appear in court on the appearance date
Motorist does not live in the metropolitan area

Procedure 501.2.6.A.1

36
Q

State charges (CDS). Send both marijuana and meth to OSBI? OR just meth

A

Both

37
Q

If someone tells you there is something illegal in their car or in their person, is that PC to search?

(IE they say they have a little weed in the car, but don’t have a medical card)

A

Yes

38
Q

A vehicle does not stay within marked lane boundaries (includes hitting a curb)

Violation?

A

Improper Lane Use 15-509

Also used if they fail to keep vehicle within marked lane boundaries

39
Q

What year did center-mounted (third) brake lights become mandatory on vehicles?

A

1986 for passenger cars
1994 for light trucks

40
Q

During a search, you find contraband near where a passenger was seated. Can you now search that passenger’s person?

There is contraband observed in a vehicle in plain view. Can you search the passengers’ persons?

A

Yes

Yes (could have been possessed/discarded by any occupant in the vehicle)

41
Q

Can you order a driver out of a vehicle without reasonable suspicion?

A

Yes

PA v Mimms

42
Q

Trafficking amounts

Heroin
Meth
Xanax
Marijuana

A

10g
20g
500g
25 lbs

63-2-415

43
Q

You have PC to believe contraband is in a car and begin a PC search. (Example: smell of marijuana and no one has a card). Can you search a passenger’s purse?

A

Yes, because it’s a PC search

US v Ross - During a PC search you “can search every part of the vehicle and its contents that may conceal the object of the search”

Wyoming v Houghton - drugs found in PASSENGERS purse during PC search after syringe found on driver which he admitted was for drugs

44
Q

Can you search a driver’s person if you find contraband in the vehicle during a search?

A

Yes

45
Q

If a canine alerts to a vehicle, what can you search?

A

The entire vehicle, including trunk AND passenger’s belongings

46
Q

Can you go through passengers’ belongings during an impound inventory?

A

Yes

47
Q

Contraband found in a vehicle which was accessible to all three occupants. All deny ownership. Can all be charged with construction possession?

Bonus - What case?

A

Yes

Maryland v Pringle

48
Q

You see CDS/paraphernalia in plain view in a car.

Does that give you PC to search the car? If so, which parts?

Does it give you PC to search the passenger’s belongings?

Does it give you PC to search the occupants’ persons?

A

Yes, the entire car

Yes

Yes, because the contraband found could have been possessed/discarded by any occupant

49
Q

Rear license plate must be lighted and visible from __ feet

A

50

47 OS 12-204.1

50
Q

Bicycles - required to have what (day or night, any speed limit)

A

Red reflector

15-1610

51
Q

Stop sign - where must you stop?

A

Before crosswalk
If no crosswalk, stop before the ‘clearly marked stop line’
If none, then intersecting curb

52
Q

How many controlled drug schedules are there?

A

5

53
Q

How many ounces in a pound?

A

16

54
Q

Can you stop a vehicle on reasonable suspicion that a crime has been occurred, even if you don’t see a traffic offense?

Bonus - what case?

A

Yes

US v Cortez

55
Q

You find CDS on a driver’s person.

Does that give you PC to search vehicle?

Does that give you PC to search occupant’s belongings?

A

Yes, the entire vehicle (US v Parker)

Yes (WY v Houghton)

56
Q

When a consent to search is sought from a person not in custody, the police (are / are not) required to give the person Miranda type warnings.

Particularly, the police (do / do not) have to tell the person that he has the right to refuse the search.

A

are not
do not

Schneckloth v. Bustamonte

57
Q

CDS and/or paraphernalia in PTS evidence section

Top or bottom?
Seized?

A

Both
Yes

58
Q

You stop a car. Odor of marijuana, but driver/passenger HAVE a medical card. Do you have PC to search?

A

Yes, IF you have further reasonable suspicion

State v Roberson 2020

59
Q

Tax Stamp amounts:

Marijuana
CDS measured by weight
CDS measured by dosage units

A

42.5 grams
7 grams
10 dosage units

60
Q

Odor of marijuana in car, no occupants have cards.

PC to search car?

PC to search their persons?

A

Yes

Maybe. PC to search a car is not necessarily PC to search a person. Now, if you found contraband within reach of an occupant you could definitely search them (see US v Brito, Maryland v Pringle)

61
Q

Traffic stop. You suspect there are illegal drugs in the car. Can you order the occupants out and conduct pat downs?

A

Yes (note - this is one of the rare times you can without having articulable facts they are armed with weapons as required by Terry v Ohio)

“Accordingly, we hold that in connection with a lawful traffic stop of an automobile, when the officer has a reasonable suspicion that illegal drugs are in the vehicle, the officer MAY, in the absence of factors allaying his safety concerns, order the occupants out of the vehicle and pat them down briefly for weapons to ensure the officer’s safety and the safety of others.”

US v Garcia 10th CIR 2006, citing US v Sakyi 1998

62
Q
  1. Can you have a sign, poster, or some other non-transparent material on your front window? Side windows? Rear window?
  2. Can you suspend an object from the interior of the vehicle which obstructs/impairs the driver’s clear view of the highway ahead or any intersecting highway?
A
  1. No, No, No
  2. No

Windshield to be Unobstructed 15-304.C

63
Q
  1. (Non-high beam) Lower Headlamps should be aimed and of sufficient intensity to reveal persons and vehicles at a distance of a least ___ feet ahead
  2. (High-beam) Upper Headlamps should be aimed and of sufficient intensity to reveal persons and vehicles at a distance of a least ___ feet ahead
  3. Is it a crime to leave your high-beams on while driving on a level roadway which causes the light beams to strike the eyes of an approaching driver?
A
  1. 200 (47 OS 12-203(C.2))
  2. 600 (47 OS 12-203(C.1))
  3. Yes (47 OS 12-203(C.3))
64
Q

You have probable cause to search a car. Does that give you probable cause to search the occupants’ PERSONS as you get them out?

A

Not necessarily, BUT

  1. If you see contraband in plain view, then you could PC search everyone’s person
  2. Once you find any contraband in the car you can PC search driver’s person
  3. Once you find contraband in car within reach of a passenger you could PC search their person
  4. If a dog alert is your PC, and you don’t find drugs in the car, can then search occupants’ persons (US v Anchondo)
65
Q

Fentanyl trafficking amounts

A

Simple - 1 grams
Aggravated -5 grams

66
Q

One M30 pill is approximately ___ of a gram

A

1/10th

Drug Recognition PowerPoint Class, taught by D21 TFO Gay, 6/28/22

67
Q

Can you charge for fentanyl without field testing? If so, how?

A

Yes

One M30 pill is approximately 1/10th of a gram
OSBI testers have reported fake M30 pills are majority fentanyl
General rule is over 10 M30 pills sufficient for trafficking
DA’s Office (Travis White): Officer training/experience, along with articulable facts, are sufficient for identification in absence of a field test

Drug Recognition PowerPoint Class, taught by D21 TFO Gay, 6/28/22

68
Q

M30 pills (fentanyl) - The general rule is over __ pills sufficient for trafficking

A

10

Drug Recognition PowerPoint Class, taught by D21 TFO Gay, 6/28/22

69
Q

You are impounding a vehicle due to arresting the driver. Driver is owner of vehicle. Can you release it to his designee?

Same scenario, but driver is not owner of vehicle. Owner is not on scene. Can you call the owner and have them come get the vehicle?

A

No

No

Impound Procedure 500.6.1

70
Q

You see a ‘good’ car and want to stop them, so you start looking for PC. They are doing three miles an hour over the speed limit.

Can you stop them? Is that a pretextual stop?

A

Yes, no

State (OK) v Strawn 2018: “Here, the record shows Trooper Koch witnessed a traffic violation by Strawn, specifically, driving three miles per hour over the posted speed limit. Because he had probable cause to believe that a traffic violation had occurred, Trooper Koch’s decision to stop the vehicle driven by Strawn was wholly reasonable (Whren v US). This is so regardless of the officer’s subjective motivation for the stop” (DEF was charged with Poss w/ Intent)

71
Q

OSCN Docket Search.

You enter ‘born on/after date’ as their DOB.

What do you put for ‘born before date’?

A

The day after they are born

(add one to the day of their MM/DD/YEAR)

72
Q

If not good spot on road to sit, where is second best (or in some cases even better) spot?

A

24 hour gas station

73
Q

When watching traffic, every time you look away or are distracted, you risk missing that ___

A

5% (of vehicles involved in criminal activity)

74
Q

US v Berry - RS used to detain and call for K9 (3)

A

Nervous
Hands shaking
Would not make eye contact

75
Q

Must signal ___ prior to turning or making lane change

A

100 feet

15-905
47 OS 11-604
47 OS 11-309(2)

76
Q

Must signal 100’ prior to ___ or _____

A

turning
making a lane change

15-905
47 OS 11-604
47 OS 11-309(2)

77
Q

On a four lane road, a vehicle is driving at less than the normal speed of traffic. Are they required by law to be driven in the right-hand lane?

A

Yes

15-501.B

78
Q

Temporary tags (paper tags) installed on a newly purchased vehicle shall display ___

A. The purchase date
B. The registration expiration date

A

A. The purchase date

47 OS 1137.3

79
Q

Can a temporary license plate (paper tag) be displayed in a window?

A

No (unless a cab+chasis truck)

47 OS 1137.3

80
Q

The month is July and you want to pull over vehicles with expired registration.

Assuming you are looking at the months on the license plate only, what month would be the earliest you could give citations to?

A

May

47 OS 74-1151.A.5
15-306.A

81
Q

Ticket writer

Alleged speed vs actual speed

A

Alleged is what you are charging them with
Actual speed is what the radar showed

moore pd (8 decks)

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