RI LEO Official Manual: Stop & Frisk Flashcards
Fourth Amendment “Stops” are defined as? And what are the two ways to effectuate a stop?
Stops are defined as brief, involuntary detentions for the purpose of investigating whether a person is involved in criminal activity. Two was are physically grab or lay hands on a person. Or a “Show of Authority/Force”.
What actions constitute a show of force?
Drawing your weapon, using a command tone of voice, presence of several officers, ordering a person out of a car, flashing emergency lights.
What actions has the court held up that do not constitute an official show of force?
Approaching a citizen in public, requesting to search, ID’ing oneself as a PO, following a pedestrian in a police car.
For stopping a person or vehicle, you must have reasonable suspicion. What is reasonable suspicion?
articulable facts and circumstances that would lead a reasonable police officer, based on his/her training and experience, to suspect that criminal activity may be afoot.
What is the scope of a stop, based on reasonable suspicion? How long can the stop be?
the stop permits officers to “freeze, a situation long enough to get name/address of person detained along with an explanation of the suspicious circumstances surrounding the stop. The duration of the stop must be “brief”. Generally within 15-20 mins is acceptable, an hour probably exceeds the limits.
What is a “Frisk”?
A limited pat down of the suspect’s outer clothing for weapons.
Can you just frisk someone, just because you had reasonable suspicion for the stop in the first place?
No, frisks require additional factors to support the “reasonable suspicion” the suspect is armed and dangerous. Two prong reasonable suspicion for both stop and frisk together.
During a frisk may an officer remove and item from the suspect?
Yes if the officer reasonably believes the item is a weapon or could contain a weapon.
Under “Plain Touch Doctrine” during a frisk if an officer discovers contraband, can it be seized and what is the reason/standard it can be seized under?
Yes, while lawfully frisking someone for weapons, contraband is discovered. The items must be “immediately recognized” and “Immediately apparent” the incriminating nature of the item to the officer. The item Can Not be manipulated to determined if its contraband.
What is the scope of a lawful frisk, what/where can frisked?
The suspect and the immediate area “lunging area” of the suspect. To include closed containers w/in the lunging area if the officer reasonably believes it could contain a weapon and the container is not locked. You can not “frisk” a locked container for weapons.
Can a moving vehicle be frisked? If so what are the factors to do so?
Yes, after reasonable suspicion for the stop that the driver/pass are involved in criminal activity and then reasonable suspicion the occupants are dangerous and may have immediate control of a weapon, then frisk has been established.
After establishing the reasonable suspicion for both stop and frisk of a vehicle, who and what can be frisked?
Any occupants and the entire passenger’s compartment/ and unlocked containers. Items in “lunging distance”. Can not Frisk the trunk or locked containers. This can be conducted even if the suspect(s) are no longer in the car, because when returning to the car they can gain control of the weapons.
