Proactive Policing Laws Flashcards
You find contraband on a passenger of a vehicle (ie their pocket). What part of the car can you search? Trunk?
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
When can you impound a vehicle outside an arrest?
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
Brake light must be visible from at least __ feet to the rear in ___
500 feet
sunlight
When is signaling required? (2 times)
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)
Do you have to signal when turning from a private drive?
Yes (if other traffic may be affected)
47 OS 11-604(A)
Name the 5 pedestrian violations
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)
Someone stays at a light after it turns green, or stops on a road. What offense?
Improper stopping 15-601.A
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?
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
Are you required to tell a driver on a traffic stop he is free to go before asking for consent?
No
Ohio v Robinette
How many grams in an ounce?
28
Tail lights must be visible from ___ feet to the rear?
1000
Cannot operate a vehicle with an outright breakage in _______
the windshield or on windows on either side of driver
15-304
You stop to talk with a pedestrian. He smells like marijuana. He says he doesn’t have a card. Can you PC search him?
Yes
US v Harris
Cannot operator vehicle with a STAR break in the critical area over ___ inched in diameter
3
15-304
Bicycles - required to have what at night (any speed limit)
Side reflective material
15-1610
A passenger is trying to exit the vehicle and leave a traffic stop. Can you order them back in?
Yes
US v Williams 2005
Can you unlock a vehicle for an impound inventory?
Can you open up containers found in a vehicle during said impound inventory?
Yes (South Dakota v Opperman)
Yes (CO v Bertine)
License plate must be attached to __ and __ of vehicle
Does it need to be in the center?
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
During a traffic stop, is the passenger of a vehicle seized like the driver?
Yes
Brendlin v CA
Can you detain passengers until the impound inventory is complete?
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
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
may
including
Wyoming v Houghton
You have PC to search a car. Can you open locked containers?
Yes
Carroll vs US
US v Ross (main one cited)
Wyoming vs Houghton
CA vs Acevedo
Cannot have ___ STRESS cracks ___ inches or more (combined) in the ____
2 or more
12”
Critical area
Bicycles - required to have what at night (speed limit OVER 25 mph)
White light on front and red light on rear
15-1610
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?
Yes
Yes (WY v Houghton)
Name some bicycle traffic violations
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)
What can be considered evidence for “intent to distribute?”
Presence of scales or baggies
Cash
Larger quantity expected for personal use
Guns
Texts or voicemail messages
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?
No (because that ordinance/statute only applies to turns at intersections)
15-901
47 OS 11-604(1)
A vehicle turns right out of a private business’ parking lot onto a public road. Do they need to signal?
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
If you develop reasonable suspicion of contraband during a motor vehicle stop, can you ask for consent to search BEFORE completing the stop?
Yes, because you have reasonable suspicion
US v Watson
Bicycle lights must be visible __ feet to front and ___ feet to rear
1000 (15-1610.a)
1000 (15-1610.b)
During a PC search (dope found on driver’s person or within driver’s reach), can you search the trunk?
Yes
Can search trunk, even if trunk not within driver’s reach, because driver has dominion/control over the vehicle