Stops and Arrests Flashcards
What must be true of a stop based on a violation of the Vehicle if the stop is to result in a valid DUI arrest?
Must be supported by PC
To have PC for a Vehicle Code stop, the must officer must be able to do what?
Articulate specific facts to support a belief that violation occurred.
Ordinarily, a Vehicle Code stop need only be justified by “reasonable suspicion.” Why must a DUI arrest be supported by PC when based on a Vehicle Code violation?
Constitutional protections. Since no further investigation is needed once the person is pulled over, the stricter PC standard applies.
If an officer’s stop is based on an erroneous belief that the law is being violated (one tail light out when that’s ok), the validity of the stop will be upheld IF . . .
Mistake was objectively reasonable.
A stop based on the suspicion that the motorist is under the influence is based on PC or Reasonable suspicion
Reasonable suspicion.
When DUI arrest is made for a unrelated violation of the Vehicle Code, you need what? What about a stop based on the belief of DUI?
PC
Reasonable suspicion
Reasonable suspicion is a _____ and ______ belief.
Particularized and Objective.
For erratic driving to provide reasonable suspicion of DUI, it must be more than _____ and ______ and be of a degree or duration to . . .
Momentary and Minor
Pose a safety hazard
Where police make a DUI stop based on info from a third party, the prosecution must show what?
That the info was reliable.
When will info provided from a civilian be considered “reliable” in the DUI context?
If he gives his name and provides specific details.
What must be true of DUI checkpoints? They must be a ________ way of checking vehicles and drivers for compliance with the Vehicle Code.
Systematic
Checkpoints have been deemed constitution because the state’s interest in protecting the public and deterring DUI outweighs the brief intrusion on individual liberty. T or F?
T
The decision to hold a checkpoint is made by who?
Administrative personnel.
Can officers temporarily stop a checkpoint if traffic gets congested?
Yes
Must DUI checkpoints be reported to the media?
Yes
An initial stop at a DUI checkpoint must be ____ and cannot include a ____ ____
Brief
Vehicle Search
When is checkpoint avoidance OK?
When it is accomplished without breaking the Vehicle Code
Checkpoints must be manned by who? Any exceptions?
Police Officers
No. Even sheriffs or sheriff deputies cannot do them.
An arrest for DUI must be based on PC. T or F?
True
How do officers develop PC for DUI?
Field Sobriety Tests
The results of a motorist’s performance on the horizontal gaze nystagmus test and the BAC reading on the pre-arrest breath test are admissible/inadmissible as evidence of guilt at trial.
Inadmiss.
Can an officer testify to his observations during he horizontal gaze nystagmus test and the BAC reading on the pre-arrest breath test?
Yes
A motorist is/isn’t entitled to Miranda warnings before taking a field test.
Isn’t
Is video of a field test subject to suppression? Is the audio?
Video comes in, audio can be suppressed.
When can audio from a field test not be suppressed?
When the motorist refused to submit to the field test.
Pre-Miranda, Police may ask basic investigatory questions not intended to elicit incriminating responses. However, any incriminating evidence a motorist volunteers at this stage is NOT subject to suppression unless the motorist reasonably believes his or her _____ __ _____ is restricted, thereby turning the encounter into the functional equivalent of an arrest.
Freedom of action
A police officer who make a stop or arrest beyond his or her jurisdiction is required by the Municipal Police Jurisdiction Act to be in what of the vehicle?
What other two excuses will suffice?
Hot and fresh pursuit of the vehicle
OK if on official business OR vested with permission to conduct police business in the other municipality
When may transit police make an arrest away from company grounds?
Where a motorist poses a danger to authority property, employees, or customers.
Can police respond to an emergency in a neighboring jurisdiction?
Yes
Can an FBI agent make a DUI stop? Explain
No
A DUI stop and arrest made by someone who displays some indicia of authority, such as a badge or uniform, is invalid where that person, purporting to be acting on behalf of the state, lacks the legal power to make arrests.
