Scenarios Flashcards
Amesbury Police Officer Silva is working in day shift when he sees a woman walking around in the Stop & Shop parking lot. Officer Silva has a hunch the woman is a suspect wanted for several car break-ins in the area. Officer Silva walks up to the woman and says, “Hi, I am Officer Silva with Amesbury Police. Would you mind talking with me for a minute? You’re not in any trouble.” The woman stops walking and said her name is “Christina Turco.”
Was the interaction between Officer Silva and Christina Turco a voluntary encounter? Explain your answer.
Here, the encounter is voluntary. When the officer speaks to Turco, she does not “show authority.” Turco is free to disengage, but rather that doing so, she volunteers her name.
Officer Pisano was on foot patrol at the indoor Revere Flea Market to serve as a general deterrent to larceny crimes. Officer Pisano made eye contact with an unknown man carrying a “fully-stuffed” backpack. After eye contact was made, the man started walking faster and toward an exit door. This made Officer Pisano suspicious. To investigate further, Officer Pisano touched the man’s upper left shoulder gently to get his attention and said, “Please hold up a minute, I need to talk to you.” The man stopped.
Was the interaction between Officer Pisano and the man a voluntary encounter? Explain your answer.
It was a seizure because Officer Pisano (1) made physical contact with man; and (2) told the man to stop. This amounts to a show of authority, and we need at least reasonable suspicion.
While patrolling the downtown area on bicycle, Officer Armstrong witnesses a man grab and take the purse held by a woman who had just walked out of the Savings & Loan Bank. The man sees Officer Armstrong and runs away. Officer Armstrong says “Police! Stop!” calls for back-up, and gives chase. The man is caught by another officer 4-5 blocks away from the scene.
When was the man who stole the purse “seized” by police? Explain your answer.
The man was seized when Officer Armstrong yells “Police! Stop!” See Commonwealth v. Stoute. Once we show our authority, a reasonable person will feel they are not free to disengage.
Officer Whalen stops a blue Ford F-150 after witnessing it make an illegal right turn on red. After Officer Whalen collects the driver’s license and vehicle registration, he asks the passenger for identification. The passenger gives Officer Whalen a social security card. Officer Whalen returns to his patrol car with documents provided by both driver and passenger to run warrant checks. There were no outstanding warrants on either person. The driver was issued a warning ticket.
Was the passenger seized by Officer Whalen? If yes, when? If no, why not? Explain your answer.
The passenger has been seized. We are limited as to when we may ask passengers for ID. We need separate reasonable suspicion for him in this case. Without it, a passenger is free to be left alone during a routine stop.
Article XIV
every subject has a right to be secure from all unreasonable searches, and seizures, of his person, his houses, his papers, and all his possessions.
To conduct an investigative stop, police must have reasonable suspicion based on “specific and articulable facts” that include, but are not limited to the following:
a) Time of day
b) Officer’s training and experience
c) Officer’s corroboration of facts provided
d) Officer observations of suspicious conduct
e) Officer’s knowledge of location (i.e., high crime area) f) Suspect’s description and proximity to crime scene
g) Suspect’s reactions to police presence
While driving down Main Street in her patrol car at 8:00 p.m., Officer Stone sees a man walking near the Fix-It Auto Parts store which was closed. The man is carrying a duffle bag over his shoulder. Officer Stone parks her patrol car, gets out, and starts walking toward the man.
Given facts provided, can Officer Stone conduct an “investigative stop” of the man carrying a duffle bag? Explain your answer.
No. Absent other “specific articulable facts” there was no reasonable suspicion to stop the man. We need to be able to “articulate” why we stop someone. What was he doing - beyond being suspicious to the officer, that would lead a reasonable person to believe he was doing anything wrong? No facts indicate anything out of the ordinary.
Everett Police Officer Pelletier was on patrol at 1:00 a.m. and has worked third shift in the same area for 5 years. Officer Pelletier sees John Steve’s considering a vacant car in a restaurant parking lot. Officer Pelletier knows that John has been arrested in the past for breaking into cars. John immediately starts running away after he spots Officer Pelletier’s patrol car.
Given facts provided, can Officer Pelletier conduct an investigative stop on John? Explain your answer.
Yes. The officer has experience with his route and knows the store is vacant. He also knows the suspect and the suspect has a history that is sufficiently similar to the crime that may be in the process of commission. Remember - we can stop anyone when we possess reasonable suspicion the suspect is/was/about to commit a crime. The officer’s experience with the route, vacant restaurant and knowledge of the suspect; coupled with the suspect running away gives him RS to detain him.
Over the past month, several car dealerships in Cambridge have experienced tire and rim thefts. Cambridge Police have information that suspects may be driving a small SUV or mini-van. While on patrol, Officer Orlando sees a man walking in the Hendrick car dealership lot at 2:00 a.m. Officer Orlando parks her patrol car, so she can watch the man without being seen. Officer Orlando watches the man walk through the lot while talking on a mobile phone. After 3-4 minutes, the man gets into a green dodge mini-van and drives away.
Given facts provided, can Officer Orlando conduct an investigative stop on the green mini-van? Explain your answer.
Yes. The officer has experience, knows the suspect and the suspect has a history that is sufficiently similar to the crime that may be in the process of commission. Remember - we can stop anyone when we possess reasonable suspicion the suspect is/was/about to commit a crime.
While driving down Main Street in her patrol car at 11:30 p.m. on Monday, Officer Tidwell sees a man walking on the grass area adjacent to the shoulder of Main Street. The man is wearing blue jeans, a gray t-shirt, and “fanny pack” around the waist. Officer Tidwell knows that some fanny packs are made specifically to carry firearms. Officer Tidwell pulls up along-side the man and says, “Hello sir, do you need any help?” The man says nothing, looks straight ahead, and picks up his walking pace. Before Officer Tidwell can ask another question, the man runs at full speed into the woods.
Given facts provided, can Officer Tidwell stop the man carrying a fanny pack? Explain your answer.
No. Suspects who run merely after seeing the police is one factor that may be considered in determining reasonable suspicion to stop, but is not, by itself, enough justify a stop and frisk. See Illinois v. Wardlow. If a suspect is under no obligation to respond to a police officer’s inquiry, flight to avoid that contact should be given little, if any weight as a factor probative toward RS
Officer Lyons sees Mark walking down Main Street. Officer Lyons stops Mark because there was an active warrant on file for Mark in the Warrant Management System (WMS) two days ago. Two fellow Wakefield officers arrive to back up Officer Lyons. Mark said, “I went to court yesterday and took care of that warrant.” Officer Lyons confirms that Mark did clear up the warrant. The two other Wakefield officers continue questioning Mark for 15 minutes about his activities before letting him go.
Did the additional 15 minutes of questioning by police violate Mark’s rights? Explain your answer.
Absent any other facts, the additional 15 minutes spent questioning Mark was unlawful because police did not have RS or PC for the detention.
Police receive an anonymous call from a woman reporting that a young white man is dealing drugs to passing motorists outside an apartment building on Smith Street. The caller further describes the man as wearing a blue Red Sox hat and a bright green Celtics sweatshirt. Upon arriving at Smith Street, Officer Barksdale sees a man fitting the caller’s description leaning into the passenger side of a parked blue Chevy sedan talking to the occupants. As Officer Barksdale gets closer, the Chevy’s driver sees Barksdale and immediately pulls out into the road. Officer Barksdale suspects that a drug deal has taken place and follows the Chevy onto Smith Street. At the intersection of Smith and Oak Avenue, the Chevy turns left onto Oak Avenue but fails to use his turn signal. Officer Barksdale activates his lights and siren.
At what point was the Chevy’s driver seized? Was the seizure lawful? Explain your answer.
Officer Barksdale seized the Chevy’s driver when the police car’s emergency lights were turned on. Although Officer Barksdale followed the car based on his suspicion that a drug deal had taken place, the act of following the car did not rise to the level of a 4th Amendment seizure. The anonymous call did not provide Officer Barksdale with sufficient evidence to conduct an investigatory stop of the Chevy. However, once Officer Barksdale observed the motor vehicle infraction (Failure to Signal), he was justified in stopping the Chevy to issue a citation.
Somerville PD received an anonymous tip that a man named “Charlie” will be selling cocaine near the Davis Square bus stop at 10:00 a.m. on Tuesday. Charlie was described by the anonymous caller as a white man, 20-29 years old, and “always wearing a Boston Bruins jersey.” The caller warned Officers to “watch out” because Charlie may have a knife.
At 9:50 a.m. on Tuesday, Officer Parr sees a white man, 20- 29 years old, and wearing a Boston Bruins jersey standing near the Davis Square bus stop. The jersey was covering the man’s waist band. Officer Parr walks up to the man and asks, “What’s your name?” The man says, “Charles Brown. Sorry Officer, I’ve got to catch my bus.” The man walks away from Officer Parr.
Given facts provided, can Officer Parr conduct an investigative stop or frisk on Mr. Brown? Explain your answer.
No. Need veracity and corroboration
Yes, if the anonymous tip says he/she is watching it happen. (Basis of knowledge)
You can still act on an anonymous tip: secondary source. Anonymous tipster had veracity and basis of knowledge in order for me to act. Desk person should have asked how do you know this? Judge always wants to know how do you know?
Officer Smith stopped a car for speeding. When speaking with the driver, Officer Smith believes the driver is “overly” nervous. While writing out the citation, Officer Smith witnesses the driver and passenger pass something back and forth. After the passenger “slouches” down in his seat and is no longer in sight, Officer Smith calls for back-up.
Given facts provided, can Officer Smith order the passenger out of the vehicle? Explain your answer.
Yes, furtive movements.
Officer Watson responds to investigate an armed robbery in progress at 900 City Drive. Two blocks away from the scene, Officer Watson and a back-up officer lawfully stop a man whose description is identical to the armed robbery suspect. During the stop, Officer Watson conducts a frisk for weapons and feels what she describes as “something” in the suspect’s front-right pocket. After Officer Watson squeezed and moved the object while still inside the pocket, she believed it was individual packets of some drug. Officer Watson removed six packets of heroin from the pocket and charged the suspect with possession with the intent to distribute.
Given facts provided, was the seizure of heroin by Officer Watson lawful? Explain your answer.
No. You cannot manipulate the pocket, it is an unlawful frisk for weapons.
