Deck 8: Stops and Frisks

Question 1

Which of the following is a true statement?

A) The same level of suspicion is required to justify a frisk and a full search.
B) A police officer needs more than a hunch to justify both a frisk and a full search, but less is required for a frisk than is required for a full search.
C) Probable cause is required to initially justify a frisk.
D) To stop a person, probable cause is needed; but to frisk a person reasonable suspicion is required.

Answer 1

B

Question 2

A police officer who detains a person must have _____________ supported by articulable facts that criminal activity may be afoot.

A) probable cause
B) reasonable suspicion
C) color of authority
D) legal ground

Answer 2

B

Question 3

Stop and frisk procedures are serious intrusions on a person's privacy and are governed by which of the following Amendments to the Constitution?

A) First
B) Third
C) Fourth
D) Fifth

Answer 3

C

Question 4

An officer observes an individual talking with known drug addicts over a period of several hours.The officer eventually approaches the individual and pulls illegal drugs out of the suspect's pocket after the suspect has thrust his hand into his pocket first.The officer testifies that he never saw nor believed that the suspect had a weapon.What position would the courts take pertaining to this seizure?

A) uphold the search as legal
B) throw out the search as an illegal seizure
C) look at the totality of the circumstances including the suspect's prior record
D) none of these

Question 5

Courts have consistently ruled that an investigative detention must be temporary and last no longer than

A) thirty minutes.
B) sixty minutes.
C) necessary to effectuate the purpose of the stop.
D) necessary for the officer to determine whether a felony has been committed.

Question 6

Many things can affect the reasonableness of a police initiated stop.?According to the text and the most recent case law,usually a case that involves a stop of _____________________ is probably outside an acceptable time limit.

A) five to ten minutes
B) ten to fifteen minutes
C) twenty to twenty-five minutes
D) thirty to thirty-five minutes

Question 7

A _________ is the least intrusive type of seizure of a person under the Fourth Amendment.

A) frisk
B) pat-down
C) stop
D) pursuit

Question 8

Officers may stop a person or a vehicle on the basis of which of the following?

A) police flyer and bulletin, but not a radio dispatch
B) bulletin and radio dispatch, but not a police flyer
C) radio dispatch and police flyer, but not a bulletin
D) a police flyer, bulletin, or a radio dispatch

Question 9

A person has been seized within the meaning of the Fourth Amendment if in view of all of the circumstances surrounding the incident,a reasonable person would have

A) believed that he was not free to leave.
B) believed that he was free to leave.
C) believed that he could remain silent.
D) believed he was restricted only if the officer was physically touching him.

Question 10

United States v.Seelye listed six factors and circumstances to be considered in determining the amount and kind of force that is reasonable and consistent with an investigative stop.Which of the following is NOT one of those factors?

A) number of officers and police cars involved
B) nature of the crime and whether there is reason to believe that the suspect is armed
C) need for immediate action by the officer
D) the training and experience level of the officer(s) involved

Question 11

Often times in cases involving the seizure of a person,the Supreme Court will examine the

A) reasonableness of the suspect's action.
B) experience of the law enforcement officer.
C) venue in which the actions occurred.
D) totality of the circumstances.

Question 12

Before conducting a frisk,an officer must believe which of the following to be true?

A) he is dealing with an armed and dangerous individual
B) he must visibly see a weapon present
C) he must possess probable cause to proceed on with the search
D) he believes the suspect is guilty of traffic violations

Question 13

The determination of the reasonableness of stops and frisks involves balancing a person's right to privacy and right to be free from unreasonable searches and seizures against

A) governmental interests.
B) government interests, crime prevention/detection.
C) safety of law enforcement officers and crime prevention/detection.
D) governmental interests, crime prevention/detection, and safety of law enforcement officers.

Question 14

A police officer stops a person on the basis of reasonable suspicion.The officer also has reasonable suspicion to believe the person is armed.During the pat-down,the officer feels what he thinks could possibly be a small baggie containing drugs,but the officer is unsure.Based on this information,the officer:

A) can request the consent of the person to pull the object out.
B) is justified to put his hand into the person's clothing and pull the object out.
C) has enough to establish probable cause that the person possesses drugs.
D) has the reasonable suspicion required to retrieve the object.

Question 15

?If a show of authority by a law enforcement officer does not result in a halting or submission by the person being confronted,there is _______________ under the Fourth Amendment.

A) no seizure
B) seizure
C) limited seizure
D) an arrest

Question 16

A law enforcement officer's power to detain and question suspicious persons dates back to

A) the common law of England.
B) the Magna Carta.
C) the Peelian Reforms.
D) biblical times.

Question 17

_______________ is a less demanding standard than _______________.

A) Reasonable suspicion; probable cause
B) Probable cause; reasonable suspicion
C) Factual belief; probable cause
D) Prudent oversight; reasonable suspicion

Question 18

The case that established the foundation for stop and frisk is:

A) Terry v. Ohio
B) United States v. Dortch
C) United States v. Sharpe
D) United States v. Place

Question 19

Which of the following best describe a limited search of a person's body consisting of a careful exploration or pat-down of the outer surfaces of the person's clothing in an attempt to discover weapons?

A) pat-down
B) frisk
C) body search
D) strip search

Question 20

A limited search of a person is best described as a(n)

A) seizure.
B) arrest.
C) frisk.
D) stop.

Question 21

?A law enforcement officer's authority to frisk is limited and narrowly drawn.

Question 22

During the initial stages of a frisk,an officer feels a soft object about the size of a quarter in the suspect's coat pocket.Realizing that it is not a weapon and unable to conclude that the item is contraband,courts have ruled that without further probable cause the officer should

A) proceed on with the search.
B) call for a narcotics officer and get his expertise.
C) cease and desist with the search once he realizes that it is not a weapon.
D) use the feel of the item as probable cause to obtain a warrant.

Question 23

An officer who observes a blown taillight,cracked windshield,or failure to signal when changing lanes may stop a vehicle even if a hypothetical "reasonable officer" would not have been motivated by a desire to enforce the traffic laws.

Question 24

When a court must consider whether a particular seizure or frisk is reasonable or unreasonable,the court considers the inquiry from the standpoint of:

A) the citizen involved.
B) the reasonable person.
C) the average officer.
D) the individual officer involved.

Question 25

An officer observes an individual leaving a place the officer believes to be a drug house.As the officer approaches,the man makes furtive gestures,reacts nervously,and changes course quickly before the officer yells out for the man to stop.The man stops.The man is carrying a locked case.Which of the following is true?

A) The officer is justified to immediately pry open the case and search it.
B) The officer is justified to temporarily detain the man and case and have the case sniffed by a drug canine.
C) The officer cannot temporarily detain the person, but is justified in detaining the case.
D) The officer has probable cause and is justified to place the man under arrest.

Question 26

The USA Patriot Act has broadened the government's power to detain individuals within the United States for long periods of time on apparently nothing more than reasonable suspicion once such persons have been classified by the U.S.government as an enemy combatant.

Question 27

The United State Supreme Court has ruled that an officer may rely on their own experience and specialized training to establish reasonable suspicion that might not be available to an untrained person.

Question 28

An officer stops a person travelling in their car based on reasonable suspicion.The officer requests that the person step out of the vehicle and the person complies.The officer immediately notices a tattoo on the arm of the person that is common among members of a particular gang in the area known to engage in violence toward officers,thus giving the officer reasonable suspicion to believe the person may be armed.The officer has not secured the person.At this point the officer:

A) can frisk the person, but cannot search any part of the vehicle.
B) can frisk the person and search the entire car for weapons.
C) can frisk the person and search any part of the passenger compartment where a weapon could be kept.
D) can frisk the person and search any part of the passenger compartment or locked trunk where a weapon could be kept.

Question 29

An investigative detention may last as long as the officer feels necessary.

Question 30

As the delay between the development of reasonable suspicion on the part of the officer and the actual stop grows longer,courts may find that the suspicion has "evaporated."

Question 31

In the case of United States v.Place,the courts ruled that seizure of a suspect's luggage suspected of containing drugs for approximately ________ in order to transport the luggage to another airport for a canine sniff was excessive.

A) one hour
B) ninety minutes
C) four hours
D) eight hours

Question 32

If a show of authority by a law enforcement officer does not result in a halting or submission by the person being confronted,it is still considered a seizure under the Fourth Amendment.

Question 33

An anonymous tip that a particular person at a particular location is dealing drugs is not,without more information,sufficient to justify law enforcement officers in stopping and frisking that person.

Question 34

The Fourth Amendment does not govern seizures of the person which do not eventuate in a trip to the station house and a formal arrest at the station house.

Question 35

The police may conduct a checkpoint for general law enforcement purposes.

Question 36

Any police initiated action that relies solely on the race,ethnicity,or national origin of a person and not his behavior would be best described as what?

A) pretextual stop
B) racial profiling
C) bias-based traffic control
D) authoritative pretext

Question 37

Officer Brewer stops a vehicle because it does not have brake lights.However,he is using this reason for a traffic stop because he believes the subjects in the vehicle may be involved in illegal activity involving drugs and wants to check them out.Which of the following best describe this scenario?

A) illegal stop
B) Terry stop
C) pretextual stop
D) procedural stop

Question 38

Based on the totality of circumstances,which of the following is not a factor that is generally considered in an inquiry concerning whether a "seizure" has occurred?

A) whether the officer displayed a weapon
B) the number of officers involved
C) whether the officer involved was undercover or in uniform
D) the language used and the tone of voice of the officer during the interaction

Question 39

The initial stages of a frisk must be limited to

A) the existence of probable cause.
B) a pat-down of the outer clothing.
C) a search of pockets or other 'holding' devices.
D) nothing except for a strip search.

Question 40

?Relying on the plain view doctrine,the Minnesota v.Dickerson ruling stated that officers could seize non-threatening contraband,such as drugs,if its identity as contraband is immediately apparent to the sense of touch.This exception is best known as the

A) reasonable grasp motion.
B) plain touch exception.
C) plain view doctrine.
D) one-motion grasp exception.

Question 41

Many states and the federal government have rules prohibiting _________ by law enforcement officers.Many states require law enforcement agencies to collect statistical data on the race and ethnicity of persons pulled over for traffic stops.

Question 42

Stop and frisk procedures are serious intrusions into a person's privacy and are governed by the _________ Amendment.

Question 43

Name some of the justifications given by the courts as to when a law enforcement officer can frisk a person.

Question 44

What are the distinctions between a stop and a formal arrest?

Question 45

Generally speaking,_________ is needed to support an anonymous tip and provide reasonable suspicion to justify an investigatory stop.

Question 46

An officer stops a vehicle for a minor equipment violation in order to investigate a more serious crime involving the occupants.This is often referred to as a(n)____________.

Question 47

Briefly describe the history and purpose of the origination of the Geneva Conventions.

Question 48

A suspect brakes abruptly and pulls into a private driveway while extinguishing his headlights before getting to a sobriety road check in order to avoid being questioned by the police.These acts would best be described as _______ gestures.

Question 49

A body of international law collectively referred to as the ____________ has developed over the centuries to set rules for the treatment of prisoners of war captured on the battlefield in war time.

Question 50

A(n)______________ is the combination of an officer's words and actions that would convey to a reasonable person that his or her freedom of movement is being restricted such that the person is not free to leave.

Question 51

Discuss one court case that had a significant impact concerning sobriety checkpoints and roadblocks used by the police.

Question 52

A police officer may detain property for a short period of time if he has a reasonable,articulable suspicion that the property contains items subject to seizure.The property may not be searched without a search warrant,but the officer may subject the property to a properly conducted __________.

Question 53

What is the difference between a frisk and a full search?

Question 54

A law enforcement officer may detain property for a brief time if the officer has a ________________________ that the property contains items subject to seizure.

Question 55

The term _____________ is a designation given to individuals who were captured by the United States on suspicion of being involved in terrorist activities by being a part of or supporting Taliban or al Qaeda forces,or associated forces that are engaged in hostilities against the United States or its coalition partners.

Question 56

Define what is meant by a furtive gesture and give two examples.

Question 57

Explain the importance of the concept of "flight" - both in terms of establishing reasonable suspicion and in the context of making a determination about whether a person has been seized or not.

Question 58

Define and give an example of a pretextual stop.

Question 59

Explain how the courts have defined reasonableness,as the concept relates to stops and to frisks.

Question 60

What is meant by a show of authority?