Chat with AIExam 4: Stop and Frisk
The method of analysis that considers the Fourth Amendment's two clauses as being separate and addressing
different problems is the__________________approach.
(43) 
Verifiedreasonableness Fourth Amendment
Why is it reasonable to remove a passenger from a stopped vehicle when there is no suspicion the passenger may be involved in a crime?
(34) VerifiedIt 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.
According to the Supreme Court opinion in U.S.v.Sharpe,concerning a determination of how long police officers can detain suspects during lawful stops:
(41) VerifiedD
Which of the following does not implicate the Fourth Amendment?
(32) If an officer was specifically patting down a suspect for weapons,but came across an item in the person's pocket that was in a shape consistent with contraband,such as narcotics,would the officer be able to seize the item and arrest the person?
(39) Which of the following activities can NOT be conducted as a matter of routine at an international border stop?
(40) The two elements to the scope of a reasonable stop are on the spot location of the investigation and
.
(36) Which of the following circumstances have been found sufficient by themselves to amount to reasonable suspicion?
(35) Which of the following is considered a type of hearsay information?
(44) According to the Supreme Court opinion in Terry v.Ohio involving the stop and frisk of a citizen on the street to investigate a robbery:
(45) Police officers can automatically frisk all citizens whom they stop.
(38) Which of the following will not support stopping vehicles at a roadblock?
(28) When police learn facts not from their observation but from what other people tell them,this is called
.
(40) The first question to ask in Fourth Amendment cases is whether the:
(38) 
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