Search and seizure person detentions

Question 1

A temporary “detention” or “stop”

Answer 1

is an exertion of authority that is something less than a full-blown arrest but more substantial than a simple “contact” or “consensual encounter.” occurs whenever a reasonable–and innocent–person would believe he is not free to leave or otherwise disregard the police and go about his business.

Question 2

Before a “detention” exists in the law, it is necessary that the person actually

Answer 2

submits to your assertion of authority.

Question 3

For an investigative stop or detention to be valid, you must have “reasonable suspicion” that:

Answer 3

(1) criminal activity may be afoot and (2) the person you are about to detain is connected with that possible criminal activity.

Question 4

True or false: a detention can be based solely on a hunch, rumor, intuition, instinct, or curiosity.

Answer 4

false

Question 5

A detention should be based on

Answer 5

specific facts justifying your suspicion, based on the “totality of circumstances” including your training and experience.

Question 6

Specific factors considered in reasonable suspicion to detain:

Answer 6

Nighttime/High Crime Area, race (suspect description), flight, officer’s experience, officer safety, suspected weapons violation, drug courier profile, information you receive from an eyewitness, victim, police officer, dispatcher, or–if accurate–other “official channels”

Question 7

True or false: giving chase to a subject fleeing does not constitute a detention.

Answer 7

true. detention does not exist until the subject submits to your authority or physical force is applied.

Question 8

Regarding detentions, the supreme court has declined to rule either flight alone

Answer 8

will always justify a detention or never justify a detention. “flight” is merely one factor in the “totality of the circumstances”

Question 9

As a general rule, information from a totally anonymous source will not be sufficient to justify a detention or patdown unless there is

Answer 9

sufficient corroboration or other indications of the tip’s reliability.

Question 10

True or false: a suspect has the right to resist a lawful detention.

Answer 10

false. doing so is a violation of 148 PC and you may use whatever force is necessary to make him stop.

Question 11

If you are going to cite an individual for a Vehicle Code violation– misdemeanor or infraction–you have the right to ascertain and verify his identity. This means he must produce either a driver’s license or its functional equivalent for examination, or else you have the discretion to take him into custody under

Answer 11

Vehicle Code section 40302, subdivision (a). If he does not or cannot produce ID, or if other suspicious or difficult circumstances arise, you are entitled, but not required, to take additional steps to ensure the accuracy of the suspect’s identity.

Question 12

The Ninth Circuit has ruled that a suspect’s failure to identify himself cannot, on its own,

Answer 12

justify an arrest

Question 13

A person’s failure to identify himself may, if combined with_____conduct, provide a basis for a detention.

Answer 13

“belligerent”

Question 14

“When the detention exceeds the boundaries of a permissible investigative stop, the detention becomes

Answer 14

a de facto arrest requiring probable cause

Question 15

Similarly, if an in-field identification or “showup” is desired, you should bring the victim or witness to the scene of the detention if at all possible. As a general rule, the courts do not want you to transport the suspect to the victim.The major exceptions are:

Answer 15

• when you have probable cause to arrest the suspect;
• when you have the voluntary consent of the suspect;
  Note: The consent can be voluntary even though it is conditional.
• when the victim cannot be moved; or
• when transporting the suspect to the victim is the best (or only) practical alternative

Question 16

a detention can be legal at its beginning and then become illegal if you

Answer 16

extend it beyond what is reasonably necessary under the circumstances.

Question 17

Actually detaining someone (as opposed to obtaining their voluntary cooperation) for the purpose of obtaining information about them, or photographing them,

Answer 17

is illegal unless you have a specific basis for believing the person is involved in criminal activity.

Question 18

you may conduct a patdown or limited weapons search of someone you have detained, but

Answer 18

(1) only for weapons, (2) only of his outer clothing, and (3) only if you have specific facts that would make a reasonable officer feel in danger.

Question 19

In general, if you see a weapon, some contraband, or evidence of a crime in plain view during a detention,

Answer 19

you are entitled to seize it without any further justification

Question 20

if you become aware of contraband or evidence of a crime through your sense of smell or (during a lawful patdown) touch

Answer 20

you are entitled to seize it without any further justification

Question 21

If you come across a container on the person you are detaining, you are entitled to seize it and open it

Answer 21

as long as it is reasonable for you to think it is a weapon or contains a weapon.

Question 22

Generally, evidence that a suspect discards before or during a lawful detention

Answer 22

may be seized, may be examined, and is admissible in court.