Deck 13: Stop and Frisk

Question 1

The text of the Fourth Amendment seems to indicate that a search and seizure of an individual must be based on:

A) Reasonable suspicion
B) Probable cause
C) Clear and convincing evidence
D) Beyond a reasonable doubt

Answer 1

B

Question 2

A Terry stop is based on:

A) Reasonable suspicion
B) Probable cause
C) Clear and convincing evidence
D) Beyond a reasonable doubt

Answer 2

A

Question 3

How did the Court distinguish a Terry stop from a custodial arrest?

A) A Terry stop is conducted for a narrow investigative purpose and creates a limited intrusion on individual liberty.
B) A Terry stop is not subjected to the protections of the Fourth Amendment by its very nature, which is to delay an individual until the police can secure a warrant.
C) A Terry stop is, in essence an arrest, which the police terminate as soon as they can establish that the individual is not involved in criminal activity.
D) A Terry stop is conducted on the street and not at the police station, and the person is free to end the encounter without any police action.

Answer 3

A

Question 4

Under what circumstances can a police officer conduct a pat down search of a person during a Terry stop?

A) Any time an officer makes an investigative stop
B) When the officer possesses reasonable grounds to believe that a suspect is armed and presently dangerous
C) When the officer possesses a reasonable belief that the individual who was stopped has been or is presently involved in criminal activity
D) A police officer can never conduct a pat down during a Terry stop.

Question 5

What two interests were balanced by the U.S. Supreme Court in the establishment of the reasonable suspicion standard?

A) The letter of the law and the spirit of the law
B) The "temporary" detention, which is not protected by the Fourth Amendment and an arrest, which is covered by the Fourth Amendment.
C) The rights of society at large to be safe from criminal activity and the rights of a police officer to protect society from harm
D) The need for swift action by the police to investigate and detect crime and the modest intrusion on individual privacy

Question 6

Under the Court's ruling in Terry, how does a police officer establish reasonable suspicion?

A) Determination is made by meeting the specific criteria stated in the Court's definition of reasonable suspicion.
B) Determination of reasonable suspicion is done on a case-by-case determination.
C) The Court established guidance for the method that is to be used to establish reasonable suspicion, finding that the facts that give rise to reasonable suspicion cannot be "reduced to a neat set of legal rules."
D) Both b and c are correct.

Question 7

The Court looks at which of the following in assessing whether or not reasonable suspicion existed for a stop?

A) Whether the officer had specific and articulable facts, that together with a rationale inference drawn from those facts, reasonably suggest that a person has committed or is about to commit a crime
B) Whether a reasonable person, looking at the facts the officer relied on, would determine that the facts reasonably suggest that a person has committed or is about to commit a crime
C) Both a and b
D) Neither a nor b

Question 8

Reasonable suspicion can be based on:

A) Police officer observations
B) Information from a victim
C) Information from a police bulletin
D) All of the above.

Question 9

Under which of the following circumstances can the police base reasonable suspicion on information from an informant?

A) Never
B) When the informant is known to the officer and has provided information to the officer in the past
C) When the informant's tip possesses sufficient indicia of reliability
D) When the informant relies on hearsay
E) Both a and b

Question 10

Which of the following is incorrect about reasonable suspicion?

A) It is a less demanding standard than probable cause.
B) It can be based on an unverified tip from an informant that lacks an indicia of reliability.
C) It can be based on information that is less complete than probable cause.
D) It is assessed using the totality of the circumstances test.

Question 11

In Alabama v. White, the dissent objected to the Court permitting the police to rely on a tip by an anonymous neighbor because:

A) The neighbor could have simply had a grudge against the subject of the stop.
B) An unethical police officer could fabricate the existence of an anonymous informant and falsely claim that the anonymous informant corroborated the informant's account.
C) Allowing the use of anonymous informants makes a mockery of the protections of the Fourth Amendment.
D) All of the above

Question 12

Factors that must be considered when assessing the legality of the seizure of a person based on a profile include all of the following, except:

A) Courts will examine the profile to determine whether the factors constitute reasonable suspicion.
B) The suspect's actions are characteristic of an individual engaged in illegal activity.
C) The totality of the circumstances must justify the seizure.
D) All of the above
E) A profile cannot be used in the establishment of reasonable suspicion.

Question 13

______________ occurs when law enforcement officials stop individuals based on their race, ethnicity, gender, or other characteristics other than because of their actions.

A) Reasonable suspicion
B) Racial profiling
C) a Terry stop
D) Investigative detention

Question 14

The practice of stopping individuals based on their race, ethnicity, gender, or religion is contrary to which provision(s) of the U.S. Constitution?

A) Fourth Amendment
B) Fifth Amendment
C) Fourteenth Amendment
D) Both a and c
E) Both b and c

Question 15

Which of the following statements should be used as guidance when making a determination of whether the police may consider race in initiating a Terry stop?

A) Police cannot seize a person when the only reason for the stop was the person's race, ethnicity, gender, religion, or other descriptive characteristic.
B) An individual can be stopped based on the fact that the individual does not "belong" in a certain neighborhood.
C) Race cannot be a factor in the officer's determination of whether there is reasonable suspicion to make a Terry stop.
D) Descriptive factors, such as race and ethnicity, cannot be a factor in a profile.

Question 16

Which of the following is incorrect about a Terry stop?

A) A Terry stop is permitted for a narrow purpose.
B) The police can make the stop based on reasonable suspicion.
C) The police may detain the person until they can establish probable cause.
D) A Terry stop in considered a minimal intrusion on one's right to privacy.

Question 17

The Court's inquiry into the constitutionality of a Terry stop focuses on which three areas when assessing if the Terry stop amounted to a probable cause arrest?

A) Movement, length of detention, and reason for the stop
B) Movement, length of detention, and intrusiveness
C) Length of duration, reason for the stop, and intrusiveness
D) Movement, reason for the stop, and intrusiveness

Question 18

Once an individual is stopped pursuant to a Terry stop, which of the following can occur without the stop amounting to an arrest?

A) The stopped individual can be taken to police headquarters for questioning.
B) The stopped individual can be placed in a police interrogation room for questioning.
C) The stopped individual can be moved involuntarily to protect his or her safety and security.
D) The suspect cannot be moved from the stop location without being arrested.

Question 19

In United States v. Sharpe, the defendant questioned whether his 30 to 40 minute detention was too long to be considered a Terry stop and really amounted to the functional equivalent of an arrest. In addressing the 30 to 40 minute detention, the Court:

A) Ruled in favor of the defendant, holding that the detention exceeded the recognized length of time established for a Terry stop and amounted to arrest
B) Ruled in favor of the defendant, holding that the initial stop of Sharpe lacked reasonable suspicion and therefore was illegal, even under Terry
C) Ruled against the defendant, holding that a lengthy stop was the product of delay caused by the defendant and not because of the actions of the police officer
D) Ruled against the defendant, holding that the length of time for the stop fell well below the established time limit for a Terry stop

Question 20

In United States v. Place, the defendant challenged his 90 minute detention pursuant to a Terry stop at LaGuardia airport. The Court:

A) Ruled against the defendant, holding that the circumstances justified the length of the stop because one would reasonably expect delays in receiving one's luggage when arriving on an international flight at a busy airport
B) Ruled in favor of the defendant, holding that the length of detention exceeded the detention time limit previously established in United States v. Sharpe
C) Ruled against the defendant, holding that the Court has never established the length of detention permissible under a Terry stop and that Place's 90 minute detention was reasonable under the circumstances
D) Ruled in favor of the defendant, holding that the police officers' failure to act in a reasonable and diligent manner caused an unnecessary delay and the 90 minute period made the seizure unreasonable

Question 21

In United States v. Montoya de Hernandez, the defendant challenged her 24 hour detention at the international border. The Court:

A) Ruled in favor of the defendant, holding that the length of detention exceeded the detention time limit previously established in United States v. Sharpe
B) Ruled against the defendant, holding that the circumstances justified the length of the stop because one would reasonably expect delays in passing through immigration and customs at a very busy U.S. border crossing
C) Ruled against the defendant, holding that the Court has never established the length of detention permissible under a Terry stop and that Montoya de Hernandez's 24 hour detention was reasonable under the circumstances
D) Ruled in favor of the defendant, affirming their position in Place, that the government agents' failure to act in a reasonable and diligent manner caused an unnecessary delay and the 24-hour detention made the seizure unreasonable

Question 22

Which of the following represents a true statement about the Court's approach to the length of Terry detentions?
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A) The Court uses the totality of the circumstance approach in evaluating this issue.
B) The Court examines whether the police acted in a diligent and responsible manner in discharging their responsibilities.
C) The Court examines the role the defendant played in the length of the detention.
D) Only a and b are correct.
E) All of the above are correct.

Question 23

What is the inquiry made by the Court in determining if the intrusive techniques of detention used by an officer during a Terry stop are acceptable under the Fourth Amendment?

A) Whether the investigative methods employed by the police officer were the least intrusive means reasonably available to verify or dispel the officer's suspicion in a short period of time
B) Whether, given the totality of the circumstances, the intrusion techniques employed by the police officer were necessary under the circumstances
C) Whether the police officer had the opportunity to make the stop in a less intrusive fashion
D) All of the above

Question 24

In State v. Munson, late at night the police, acting with information that the occupants of a vehicle might be armed and carrying a large cache of illegal drugs, stopped the vehicle. Which of the following techniques were employed by the police that resulted in the Court holding that the police acted in a reasonable fashion under the circumstances?

A) The police approached the vehicle with their weapons drawn.
B) The police removed the occupants from the vehicle and frisked them.
C) The police handcuffed the occupants and placed them in the back of the patrol car.
D) Only a and b
E) All of the above

Question 25

In United States v. Gallegos, the police stopped the defendant several miles from where a burglary had occurred, believing he was the suspect in the burglary. The police removed the defendant from his truck, handcuffed him, put him in the patrol car, and drove him several miles away to the scene of the burglary. When the victim of the burglary failed to identify the defendant, the police took him back to his car and released him. How did the Court rule applying Terry to these facts?

A) The Court held in favor of the defendant, finding that transporting the defendant from the location of the stop to the scene of the burglary several miles away violated the movement test applied to Terry stops.
B) The Court ruled against the defendant, finding the officer acted in a reasonably objective fashion in diligently pursuing the investigation.
C) The Court ruled in favor of the defendant, finding that the movement of the defendant, coupled with the 1 hour detention, exceeded the parameters of Terry and amounted to an illegal seizure since the circumstances for the detention did not meet the requirements of probable cause.
D) The Court ruled against the defendant, finding that the officer reasonable believed that the suspect would flee the jurisdiction had he not been detained while the officer completed his investigation into the burglary.

Question 26

In United States v. Lopez-Arias, four officers, waiving their firearms, stopped a car occupied by two suspected drug dealers. The Court relied on which of the following events in determining that the officers had gone beyond the permissible limits of a Terry stop and acted in a manner consistent with the execution of a probable cause arrest?

A) The officers removed the occupants from the vehicle and handcuffed them.
B) The officers removed the occupants from the vehicle, placed them in separate vehicles, and transported them to a nearby lot for questioning.
C) The officers read the occupants their Miranda rights before questioning them.
D) All of the above

Question 27

Addressed by the Court in Hiibel, the stop-and-identify statutes:

A) Required individuals to present identification during a reasonable suspicion stop
B) Authorized police officers to make random stops of individuals to obtain identification as part of police efforts to arrest persons with outstanding warrants
C) Authorized police officers to check a person's identity near U.S. borders to help enforce U.S. immigration laws
D) Required police officers to detain a person who does not have identification on his or her person until such time as the person' identity can be established

Question 28

The Court's position on requiring a person to present identification during a Terry stop is:

A) It is unconstitutional under the Court's holding in Hiibel.
B) It promotes a strong government interest in solving crimes and bringing offenders to justice.
C) It is considered unreasonable during a Terry stop, which is based merely on reasonable suspicion of criminal activity.
D) It extends the duration of a Terry stop beyond the permissible limits.

Question 29

A stop-and-identify statute:

A) Requires an individual to present identification during an arrest
B) Requires an individual to present identification during a Terry stop
C) Requires and individual to present identification any time the individual is asked to do so by a police officer
D) Requires an individual to submit to fingerprinting to verify his or her identity

Question 30

What is the U.S. Supreme Court's position on a police officer requiring the driver and the passengers of a vehicle to get out of the vehicle during a Terry stop?

A) Such acts are never permissible because the acts exceed the level of intrusion into a person's liberty that is permissible under Terry.
B) Such acts are permissible because the concerns for officer safety outweigh the di minimis intrusion of the liberty of the vehicle's occupants.
C) Removing a passenger from a vehicle is permissible only when the officer reasonable believes that the passenger poses a threat.
D) Removing a passenger from a vehicle is permissible only when the police officer has reasonable suspicion to order the passenger out of the vehicle.

Question 31

Under Terry, what are the guideline set by the U.S. Supreme Court regarding an officer's search for weapons?

A) The search is a frisk, intended to protect officers and others in the area.
B) The search is limited to an intrusion reasonably designed to discover guns.
C) The search is limited to an intrusion designed to discover hidden instruments that can be used to assault the officer.
D) All of the above are correct.

Question 32

The test for the constitutionality of a Terry frisk is:

A) Whether the officer was absolutely certain that the individual was armed and dangerous
B) An objective test of whether a reasonably prudent person under the circumstances would believe that his or her safety or the safety of others was at risk
C) A subjective test of whether the officer under the circumstances believed that that his or her safety or the safety of others was at risk
D) Whether an officer had a genuine fear or apprehension that his or her safety or the safety of others was at risk

Question 33

Factors considered in determining whether the suspect is reasonably believed to pose a threat include:

A) A suspect reaching into his or her pocket
B) The type of criminal activity the person is suspected of being involved in
C) The suspect's presence in a high crime neighborhood late at night
D) All of the above

Question 34

In Michigan v. Long, the Court:

A) Extended Terry frisks to the passenger compartment of automobiles only when the vehicle's owner gives police officers consent to do so
B) Extended Terry frisks to the passenger compartment of automobiles when police officers possess a reasonable fear for their safety
C) Refused to extend Terry frisks to the passenger compartment of automobiles
D) Refused to extend Terry frisks to the passenger compartment of automobiles unless passengers were in the vehicle at the time of the stop

Question 35

The U.S. Supreme Court used the following rationale to justify how the search of the passenger compartment of a vehicle can fall under the scope of a Terry frisk for weapons:

A) When a police officer possesses a reasonable belief that the suspect is potentially dangerous and may gain immediate control of weapons
B) When, following the initial inquiry permissible under Terry, the officer establishes probable cause that the driver of the vehicle has weapons inside the vehicle
C) The Court held that such actions are an unconstitutional search under the Fourth Amendment since they require the officer to exceed the detention period permissible under Terry.
D) When a police officer obtains consent from the owner of the vehicle and conducts a search of the vehicle that is minimally intrusive

Question 36

If an officer, while conducting a pat-down search under Terry, feels an object that he or she believes is an illegal narcotic, how should the officer proceed?

A) The officer should continue the pat-down for weapons and, if a weapon is found, the officer can expand the search to explore whether the object is narcotics.
B) The officer must limit his search to the parameters of Terry unless he or she is able to establish probable cause to believe that the object is an illegal narcotic.
C) The officer should detain the suspect until he or she can obtain a search warrant authorizing a more extensive search of the individual.
D) The officer can expand his or her search to parameters to those consistent with a search incident to an arrest.

Question 37

The plain-feel doctrine:

A) Expands Terry
B) Is based on an officer's touch
C) Requires that the object must be immediately apparent to the officer
D) All of the above

Question 38

The U,S, Supreme Court held a Terry stop amounts to a custodial arrest under the text of the Fourth Amendment.

Question 39

Reasonable suspicion is assessed from the subjective viewpoint of the police officer.

Question 40

Reasonable suspicion requires an evaluation of the totality of the circumstances.

Question 41

To determine if a hearsay report can be the basis of reasonable suspicion, the informant must be deemed trustworthy.

Question 42

A drug courier profile is sufficient basis for a reasonable suspicion stop.

Question 43

Race may be considered a factor in determining whether there is reasonable suspicion.

Question 44

Office Smith makes a Terry stop of Lisa. Officer Smith decides to take Lisa to police headquarters for questioning since it is cold and raining. Officer Smith's actions are considered permissible movement under Terry.

Question 45

The U.S. Supreme Court has set a strict time limit applicable to the detention of an individual during a Terry stop.

Question 46

In Hiibel, the Court found stop-and-identify statutes to be unconstitutional extensions of Terry stops.

Question 47

Some state supreme courts have ruled contrary to the U.S. Supreme Court in regard to constitutionality of ordering a driver to exit his or her vehicle during a traffic stop.

Question 48

Under Terry, a police officer can search a person for narcotics if, during the pat down search he or she feels an object that he or she has reasonable suspicion to believe is an illegal narcotic.

Question 49

The purpose of a Terry frisk is to provide the police officer with the opportunity to establish probable cause for an arrest.

Question 50

Officer Williams is conducting a pat down search of Frank and has reasonable suspicion that Frank is carrying a weapon. Officer Williams found no weapon on Frank during his initial pat down search. Driven by his reasonable suspicion, Officer Williams feels that his search was hindered by Frank's bulky down jacket and heavy sweater. Officer Williams has Frank take off his coat, conducts a second pat down and finds a weapon. Officer Williams acted under the parameters of Terry.

Question 51

An officer can search the passenger compartment of a vehicle when he or she suspects that the driver may be dangerous.

Question 52

When has the Court approved the use of intrusive techniques of detention by police officers during Terry stops?

Question 53

Stopping individuals because of their race, ethnicity, gender, or other characteristic rather than because of their actions is contrary to what Constitutional Amendment(s)?

Question 54

What three areas do an inquiry into whether an individual is being subjected to a probable cause arrest rather than to a reasonable suspicion stop focus on, as evidence by the Court's ruling in Florida v. Royer?

Question 55

Explain the rationale of the Court in holding that stops based on reasonable suspicion could survive a Fourth Amendment challenge.

Question 56

Compare and contrast the differing positions taken by the Court and that taken by judges and attorneys in ALI's Model Penal Code of Pre-Arraignment Procedure regarding the acceptable length of detention in a Terry stop. Which position do you feel is the better approach? Why?

Question 57

Discuss the use of race in establishing reasonable suspicion for a Terry stop.

Question 58

Discuss parameters that would guide a law enforcement officer in determining how long he or she can detain an individual during a Terry stop.