Deck 4: Stop and Frisk

Question 1

As per Maryland v.Wilson (1997),police officers who have effected a traffic stop can choose to remove from the stopped vehicle to maximize personal safety.

A)drivers
B)animals
C)passengers
D)weapons

Answer 1

C

Question 2

The first question to ask in Fourth Amendment cases is whether the:

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.

Answer 2

A

Question 3

Which of the following circumstances have been found sufficient by themselves to amount to reasonable suspicion?

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.

Answer 3

D

Question 4

In Florida v J.L.(2000),what did the court decide with regards to an anonymous tip regarding a man with a gun?

A)That the informant would have to identify themselves before the police could act.
B)That a stop and frisk was justified in the interests of public safety.
C)That an anonymous tip lacking any indications of reliability does not justify a stop and frisk,even though it did allege the illegal possession of a firearm.
D)That as long as the police could verify the information,it a stop and frisk would be permissible.

Question 5

Reid v.Georgia (1980)ruled that:

A)the drug courier profile by itself cannot amount to reasonable suspicion.
B)illegal alien status is,by itself,enough to amount to reasonable suspicion.
C)travelling from a known drug-trafficking county is,by itself,enough to amount to reasonable suspicion.
D)as long as the DEA has 7 primary and 4 secondary characteristics as part of its drug courier profile,that is enough to amount to reasonable suspicion.

Question 6

Which of the following will not support stopping vehicles at a roadblock?

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

Question 7

Which of the following constitutes a stop?

A)A person approaches an officer and says,"I saw a man run out of that building with a knife dripping blood."
B)Police approach a person and ask,"Did you just leave that building?"
C)A person walks up to an officer and volunteers,"I just killed my enemy."
D)Officers investigating a robbery that just happened approach a person who fits the description given by the victim,asking who they are where they were at the time of the crime.

Question 8

The Supreme Court has adopted which of the following readings of the Fourth Amendment regarding stops and frisks? The Fourth Amendment:

A)protects only full arrests and searches.
B)equates stops and arrests.
C)equates frisks and searches.
D)requires a lesser quantum of proof or suspicion for stop than for arrest.

Question 9

The Supreme Court balancing approach to stop and frisk requires weighing:

A)individual privacy rights and the value of controlling crime.
B)Fourth Amendment rights and Fifth Amendment rights.
C)efficient use of police resources and individual liberty.
D)public opinion about crime and privacy rights.

Question 10

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:

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.

Question 11

According to the Supreme Court opinion in Terry v.Ohio,a stop justified at its beginning can:

A)be justified on mere hunches alone.
B)only be done for violent crimes.
C)become unjustified by being too extensive in scope.
D)have any scope the stopping officer wants.

Question 12

A proper "frisk" under the stop­and­frisk rules established by Terry v.Ohio:

A)is limited to a pat­down of the suspect's outer clothing unless something that could be a weapon is felt during the pat-down.
B)may not be conducted unless there is no doubt in the mind of the officer that the suspect has a weapon.
C)may include a search of an area within 100 yards of the suspect if the pat-down results in the feeling of an object which could be a weapon.
D)may not even extend to a pat-down unless the officer has probable cause to believe the suspect has a weapon.

Question 13

According to the Supreme Court opinion in Terry v.Ohio,involving a police stop and frisk of a citizen on a street to investigate a possible robbery:

A)in dealing with dangerous situations on city streets,police need an escalating set of flexible responses.
B)police cannot stop citizens without probable cause to believe that crime is afoot.
C)in any instance where the police can stop someone,they can also frisk that person.
D)police cannot stop citizens without clear and convincing evidence that crime is afoot.

Question 14

Which of the following is not a seizure?

A)chasing a fleeing suspect who gets away
B)arresting someone
C)physically grabbing someone to check suspicion
D)using such a show of force that a reasonable person does not leave

Question 15

Which of the following is considered a type of hearsay information?

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

Question 16

Reasonable suspicion needed to make a stop:

A)requires more than probable cause.
B)requires a preponderance of the evidence.
C)requires only a hunch.
D)requires some minimum level of objective justification.

Question 17

Until the 1960s,the U.S.Supreme Court followed the_________,which says the warrant and reasonableness clauses are firmly connected.

A)reasonableness Fourth Amendment approach
B)conventional Fourth Amendment approach
C)subjective Fourth Amendment approach
D)objective doctrine of the Fourth Amendment

Question 18

The balancing approach to reasonableness:

A)requires courts to weigh the degree of intrusion against the government's need for the intrusion.
B)prohibits the police from making intrusions simply to prevent crimes that may happen.
C)does not require the court to weigh the degree of intrusion so long as there is a factual foundation for it.
D)does not require a factual foundation to support stops involving serious crimes.

Question 19

The objective basis for stops and frisks is:

A)the same as for arrests.
B)higher than for arrests.
C)lower than for arrests.
D)the same as for full searches of a person.

Question 20

Which of the following activities can NOT be conducted as a matter of routine at an international border stop?

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

Question 21

According to the Supreme Court in Michigan v.Sitz,involving sobriety checkpoints,detaining a car briefly at a sobriety check point:

A)is not a stop.
B)is a stop,but it is not covered by the Fourth Amendment.
C)is a stop to which the Fourth Amendment applies.
D)requires probable cause to think that someone in the car has committed a crime.

Question 22

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?

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.

Question 23

According to the Supreme Court in Michigan v.Sitz,involving sobriety checkpoints,detaining a car briefly at a sobriety checkpoint requires:

A)reasonable suspicion to think that the driver is driving under the influence.
B)probable cause to think that the driver is driving under the influence.
C)clear and convincing evidence to think that the driver is driving under the influence.
D)no individualized suspicion because of the importance of the State's interest in addressing the drunk driving problem.

Question 24

Categorical suspicion:

A)can be sufficient in itself to amount to reasonable suspicion
B)can be sufficient as long as the category in which the suspect falls is not based on race or ethnicity
C)can be one of the factors in the entire picture of reasonable suspicion
D)is sufficient in itself if officers can establish the stop occurred in a high crime area

Question 25

The case of Michigan v.Sitz (1990)challenged the constitutionality of:

A)Stop and frisk
B)Frisk without a warrant
C)Courier profiles
D)DUI checkpoints

Question 26

Frisks:

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.

Question 27

According to the Supreme Court in U.S.v.Montoya de Hernandez,involving a detention at the border for drug investigation:

A)even routine customs searches at the border require reasonable suspicion.
B)any detention at the border that lasts more than 15 minutes is unreasonable.
C)detention beyond the scope of a routine customs search and inspection is always unreasonable.
D)the Fourth Amendment's balance of reasonableness is qualitatively different at the international border than in the interior of the country.

Question 28

Since stops and frisks take place in public,they may shape the public view of police power more than more intrusive invasions such as arrest and searches that take place out of sight.

Question 29

In Maryland v.Wilson,the case where police removed and detained a passenger from a lawfully stopped vehicle,the Supreme Court held:

A)that the officer's ordering the passenger out of the car was an unreasonable seizure.
B)that the practice of ordering all drivers and passengers stopped in traffic stops out of their vehicles as a matter of course was reasonable.
C)that the officer's ordering him out of the car was too great an intrusion into the driver's liberty.
D)that they must have articulable suspicion of danger to order the passenger out of the vehicle.

Question 30

Stop and frisks impact a greater number of people than those actually arrested.

Question 31

Outer clothing pat-downs do not constitute Fourth Amendment searches.

Question 32

Stops and frisks are more invasive than arrest.

Question 33

According to Michigan v.Sitz (1990),do DWI roadblocks constitute unlawful stops?

A)Yes,they are unlawful stops unless the individual stopped has already demonstrated some subjective symptoms of driving while under the influence.
B)No,they are not unlawful as long as the police have a warrant to search 'all vehicles' suspected of DWI suspects.
C)Yes,they are unlawful based on the Fourth Amendment 'unreasonable' test.
D)No,they are not unlawful because there is a compelling interest related to public safety.

Question 34

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:

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.

Question 35

Which of the following are legitimate purposes for frisks?

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

Question 36

Which of the following does not implicate the Fourth Amendment?

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

Question 37

According to the Supreme Court's opinion in U.S.v.Montoya de Hernandez,involving the detention of a traveler at the border,the standard of evidence necessary to detain a traveler at the border,beyond the scope of a routine custom search and inspection is:

A)probable cause.
B)no evidence at all,the Fourth Amendment does not apply at the border.
C)a clear indication of illegal activity.
D)reasonable suspicion.

Question 38

The Supreme Court has ruled that a state statute which permits police to require a suspect disclose his identity during a Terry stop or face prosecution for failing to answer is:

A)unconstitutional because people are not obliged to respond to an officer's questions.
B)unconstitutional because it violates the Fifth Amendment privilege against self-incrimination.
C)constitutional because it is rationally related to the purpose and practical demands of a Terry stop.
D)constitutional only if the state supreme court has ruled that it is.

Question 39

According to the Supreme Court,police can take no action against a citizen until they have probable cause.

Question 40

In U.S.v.Sokolow,involving the stop of a suspected drug smuggler based on a "drug courier profile," the Supreme Court held that:

A)drug courier profiles are unconstitutional
B)drug courier profiles must be supported by a showing of probable cause
C)some of the reasonable suspicion can be based on a drug courier profile as long as the totality of circumstances supports such suspicion
D)reasonable suspicion is always supported if a suspect falls within a drug courier profile

Question 41

Reasonable suspicion can never be based on hearsay information.

Question 42

Stop and frisk law focuses on the application of the_________Amendment to law enforcement practices.

Question 43

The method of analysis that considers the Fourth Amendment's two clauses as being separate and addressing
different problems is the__________________approach.

Question 44

Barricades set up for stopping vehicles and questioning the occupants are known as_________ .

Question 45

An officer conducting a protective pat-down search can never seize any items other than weapons.

Question 46

According to the Supreme Court opinion in Illinois v.Wardlow,a person's mere presence in a high crime area
can supply the objective basis needed for a stop.

Question 47

The patting down of a suspect's outer clothing to check for weapons is the type of search called a_________.

Question 48

Profiles are neither direct observation nor hearsay.

Question 49

Pat-downs of suspects to protect officers against the danger of concealed weapons are_________.

Question 50

When police learn facts not from their observation but from what other people tell them,this is called
.

Question 51

Information received from anonymous informants is always considered equal in quality to that received from known informants in providing reasonable suspicion for a stop.

Question 52

The objective basis required for making a lawful stop is_________.

Question 53

The two elements to the scope of a reasonable stop are on the spot location of the investigation and
.

Question 54

Another name for the totality of circumstances test is the__________________test.

Question 55

The purpose of a frisk is to protect officers or other people from death or injury.

Question 56

A brief detention that enables law enforcement officers to freeze a situation for the purpose of investigating suspicious persons is a/an_________.

Question 57

The U.S.Supreme Court has held that fitting a drug courier profile is itself alone enough to furnish reasonable suspicion.

Question 58

Police officers can automatically frisk all citizens whom they stop.

Question 59

A suspect's race alone cannot constitute reasonable suspicion for police action.

Question 60

Frisks are searches.

Question 61

Does an anonymous tip amount to reasonable suspicion? Explain.

Question 62

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?

Question 63

Does unprovoked flight + high-crime area = reasonable suspicion? Explain your response.

Question 64

When can profiles be used in building reasonable suspicion?

Question 65

Identify the three possible alternatives for applying the Fourth Amendment to stops and frisks,and explain why the
U.S.Supreme Court adopted alternative three.