Exam 4: Stop and Frisk

A) are the most invasive type of search.
B) are not considered invasions of privacy.
C) are always allowed following a stop.
D) are the least invasive type of search.

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A) Driver's license and vehicle safety checks
B) General checks to see if drivers may be committing any crime
C) Sobriety checkpoints
D) Agricultural inspection stops

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A) No,they can never seize evidence unless they in fact know what the item is in advance.
B) Yes,but only if the person consents to the removal of the objects.
C) No,the officer can only seize the item if it was in fact a weapon.
D) Yes,under the 'plain feel' doctrine,the officer can seize the item.

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It is reasonable for police to remove a passenger from a stopped vehicle,even when there is no suspicion the passenger may be involved in a crime.The police can do this for their own safety.The Supreme Court has found that talking to a driver while an officer is exposed to traffic puts the officer in danger.Removing the driver from a car is but a trivial invasion,because the driver has already been stopped.Balancing the possible danger to an officer against the trivial invasion of removing a driver from the car,the Court believed a request by the police for drivers to step out of their cars is reasonable.In applying the same balance to passengers that had been applied to drivers,the Court found that a request for a passenger in a stopped vehicle to step out of the car is reasonable.In one sense,that of personal liberty on the part of the passenger,the case is weaker than that for drivers.Drivers had been stopped,because they had committed traffic offenses,but usually there is no reason to stop or detain a passenger.However,as a practical manner,the passengers are stopped by virtue of the vehicle stop.The only change in the circumstances that would result from ordering them to leave the car is that they would be outside of,rather than inside of,a stopped car.This promotes the interest in officer safety.Outside the car,passengers would be denied access to any possible weapons that may be concealed in the vehicle's interior. The Court recognizes that traffic stops possess the possibility of violent encounters.This does not stem from violation of the traffic laws,but from the fact that occupants of a vehicle may fear that evidence of a more serious crime might be discovered during the stop.A passenger would have the same motivation to employ violence to prevent arrest for a more serious crime as a driver would.Like with the driver,the additional intrusion imposed by the order to leave the car would be considered minimal,thus doing so is reasonable.

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An anonymous tip can provide reasonable ...

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A) a stop is conduct outside the purview of the Fourth Amendment because the action does not rise to the level of a seizure.
B) whenever a police officer accosts an individual and restrains his freedom to walk away,he has "seized" that person.
C) a stop is not a serious intrusion upon the sanctity of the person and may be taken lightly.
D) the personal security and privacy of the individual always outweighs the government's interests in detecting crime.

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reasonableness Fourth Amendment

A) To protect officers
B) To preserve evidence
C) To find illegal drugs
D) To convince suspects they should respond to an officer's questions

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A) Statements by fellow officers
B) Resisting an officer
C) Contradictory answers
D) Hiding

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A) a "bright line" rule of one hour is used to determine whether an investigative detention is reasonable.
B) Any stop more than twenty minutes,without an arrest,is unreasonable.
C) Officers can detain suspects,without arresting them,for twelve hours.
D) In evaluating whether an investigative stop is unreasonable,a flexible approach using common sense and ordinary experience must govern.

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D

A) A driver double-parked within ten feet of a pedestrian in a drug trafficking area.
B) A passenger leaving an airplane appeared nervous in the presence of officers.
C) A driver failed to look at a patrol car late at night.
D) At 2:15a.m. ,a person approached an officer in his police vehicle in a high crime area and told him that a person seated in a nearby car had illegal drugs and a gun at his waist.

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A) Dog sniff
B) Cavity search
C) Pocket check
D) Wallet search

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A) show of force with submission
B) frisk
C) briefly grabbing a suspect to check suspicion
D) asking questions of potential witnesses at the scene of a robbery

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A) officer action was a stop and frisk.
B) officer action was unreasonable.
C) fruit of the police action (what is obtained from its action) should be excluded.
D) police were investigating a serious crime.

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