Stops and Arrests

Question 1

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?

Answer 1

Must be supported by PC

Question 2

To have PC for a Vehicle Code stop, the must officer must be able to do what?

Answer 2

Articulate specific facts to support a belief that violation occurred.

Question 3

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?

Answer 3

Constitutional protections. Since no further investigation is needed once the person is pulled over, the stricter PC standard applies.

Question 4

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 . . .

Answer 4

Mistake was objectively reasonable.

Question 5

A stop based on the suspicion that the motorist is under the influence is based on PC or Reasonable suspicion

Answer 5

Reasonable suspicion.

Question 6

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?

Answer 6

PC

Reasonable suspicion

Question 7

Reasonable suspicion is a _____ and ______ belief.

Answer 7

Particularized and Objective.

Question 8

For erratic driving to provide reasonable suspicion of DUI, it must be more than _____ and ______ and be of a degree or duration to . . .

Answer 8

Momentary and Minor

Pose a safety hazard

Question 9

Where police make a DUI stop based on info from a third party, the prosecution must show what?

Answer 9

That the info was reliable.

Question 10

When will info provided from a civilian be considered “reliable” in the DUI context?

Answer 10

If he gives his name and provides specific details.

Question 11

What must be true of DUI checkpoints? They must be a ________ way of checking vehicles and drivers for compliance with the Vehicle Code.

Answer 11

Systematic

Question 12

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?

Answer 12

T

Question 13

The decision to hold a checkpoint is made by who?

Answer 13

Administrative personnel.

Question 14

Can officers temporarily stop a checkpoint if traffic gets congested?

Answer 14

Yes

Question 15

Must DUI checkpoints be reported to the media?

Answer 15

Yes

Question 16

An initial stop at a DUI checkpoint must be ____ and cannot include a ____ ____

Answer 16

Brief

Vehicle Search

Question 17

When is checkpoint avoidance OK?

Answer 17

When it is accomplished without breaking the Vehicle Code

Question 18

Checkpoints must be manned by who? Any exceptions?

Answer 18

Police Officers

No. Even sheriffs or sheriff deputies cannot do them.

Question 19

An arrest for DUI must be based on PC. T or F?

Answer 19

True

Question 20

How do officers develop PC for DUI?

Answer 20

Field Sobriety Tests

Question 21

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.

Answer 21

Inadmiss.

Question 22

Can an officer testify to his observations during he horizontal gaze nystagmus test and the BAC reading on the pre-arrest breath test?

Answer 22

Yes

Question 23

A motorist is/isn’t entitled to Miranda warnings before taking a field test.

Answer 23

Isn’t

Question 24

Is video of a field test subject to suppression? Is the audio?

Answer 24

Video comes in, audio can be suppressed.

Question 25

When can audio from a field test not be suppressed?

Answer 25

When the motorist refused to submit to the field test.

Question 26

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.

Answer 26

Freedom of action

Question 27

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?

Answer 27

Hot and fresh pursuit of the vehicle

OK if on official business OR vested with permission to conduct police business in the other municipality

Question 28

When may transit police make an arrest away from company grounds?

Answer 28

Where a motorist poses a danger to authority property, employees, or customers.

Question 29

Can police respond to an emergency in a neighboring jurisdiction?

Answer 29

Yes

Question 30

Can an FBI agent make a DUI stop? Explain

Answer 30

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.