Deck 6: Stop and Frisk

Question 1

Terry v. Ohio dealt with:

A) Arrests.
B) Stop and frisk.
C) Investigative detentions.
D) Searches.

Answer 1

Stop and frisk.

Question 2

Reasonable suspicion is a standard of justification:

A) Found in the Constitution.
B) Created by the Supreme Court.
C) Found in state statutes.
D) Created by the founding fathers.

Answer 2

Created by the Supreme Court.

Question 3

Reasonable suspicion is:

A) Concerned with substantive due process.
B) Concerned with crime control.
C) An attempt to strike a balance between procedural due process and crime control.
D) Concerned with equal protection.

Answer 3

An attempt to strike a balance between procedural due process and crime control.

Question 4

Which standard of justification is necessary for stop and frisk activities?

A) Administrative justification
B) Proof beyond a reasonable doubt
C) Reasonable suspicion
D) Probable cause

Question 5

Stops and frisks are considered ________ acts.

A) Necessary
B) Advisory
C) Separate
D) Independent

Question 6

Which of the following can be said about stop and frisk?

A) Stops always precede frisks.
B) Stops do not automatically give rise to frisks.
C) Stops and frisks are separate acts.
D) All of the above

Question 7

In which case did the Supreme Court rule that in addition to the suspicion required to justify a stop, the officer must have reasonable suspicion that the person stopped is ?armed? and ?dangerous? before a frisk can be conducted?

A) Payton v. New York
B) Adams v. Williams
C) Terry v. Ohio
D) Maryland v. Buie

Question 8

A frisk must be supported by reasonable suspicion that the suspect is:

A) Likely to escape.
B) Armed and dangerous.
C) Engaged in criminal activity.
D) All of the above

Question 9

What type of test has the Supreme Court relied upon in order to distinguish stops from nonstops?

A) A subjective test
B) An objective test
C) Bright-line rule test
D) Case-by-case adjudication test

Question 10

Factors that may elevate a nonstop to a stop include:

A) Whether the suspect attempted to leave.
B) The number of officers present.
C) Display of weaponry.
D) All of the above

Question 11

The Supreme Court has condoned stops lasting as long as:

A) 15 minutes.
B) 1 hour.
C) 2 hours.
D) 16 hours.

Question 12

Which factors has the Supreme Court considered in determining the appropriate duration of a stop?

A) The public interest served by the seizure
B) The nature and scope of the intrusion
C) The objective facts upon which the law enforcement officer relied
D) All of the above

Question 13

A frisk requires:

A) Reasonable suspicion that a person is armed and dangerous.
B) Justification apart from that required for a stop.
C) That a stop first take place.
D) All of the above

Question 14

Concerning the scope of a frisk, the Supreme Court has required that the frisk be limited to:

A) A pat-down of the suspect's torso.
B) A pat-down of the suspect's outer clothing.
C) A visual examination of the suspect.
D) None of the above

Question 15

Frisks must be directed at discovering:

A) Contraband.
B) Criminal evidence.
C) Weapons.
D) Drugs.

Question 16

A valid frisk can evolve into a search if what type of justification develops along the way?

A) Probable cause
B) Reasonable suspicion
C) Administrative justification
D) Proof beyond a reasonable doubt

Question 17

Which of the following are considered restrictions on frisks?

A) Frisks are nothing more than pat-downs of outer clothing.
B) Frisks must be motivated by a desire to preserve officer safety.
C) For an officer to legally seize an item during the course of a frisk, the item to be seized must be immediately apparent to the officer as contraband.
D) All of the above

Question 18

In the wake of Terry v. Ohio, the Supreme Court has handed down a number of decisions that have:

A) Restricted stops and frisks.
B) Expanded stops and frisks.
C) Neither restricted nor expanded stops and frisks.
D) Both A and B.

Question 19

In which case did the Supreme Court hold that police officers can stop and detain motorists in their vehicles with ?articulable and reasonable suspicion??

A) Terry v. Ohio
B) Pennsylvania v. Mimms
C) Delaware v. Prouse
D) Maryland v. Buie

Question 20

In which case did the Supreme Court hold that police officers, with reasonable suspicion, can order drivers out of their cars?

A) Terry v. Ohio
B) Pennsylvania v. Mimms
C) Delaware v. Prouse
D) Maryland v. Buie

Question 21

Which of the following is the leading Supreme Court case concerning stationhouse detentions?

A) Terry v. Ohio
B) United States v. Sokolow
C) United States v. Mendenhall
D) Davis v. Mississippi

Question 22

The Supreme Court in Hayes v. Florida ruled that stationhouse detentions for the purpose of fingerprinting are permissible when:

A) There are narrowly circumscribed procedures in place.
B) There is an objective basis for detaining a suspect.
C) There is a clear investigation underway.
D) There is a court order stating that adequate evidence exists.
E) All of the above

Question 23

________ are detentions less intrusive than arrest but more intrusive than a Terry stop.

A) Nonstops
B) Searches
C) Investigative detentions
D) Frisks

Question 24

Which of the following can be considered characteristics of drug couriers?

A) Use of large denominations of currency
B) Excessive number of bags
C) Travel to and from major drug import centers
D) Carrying a small amount of cash

Question 25

Which of the following can be considered characteristics of drug couriers?

A) Arrival from or departure to an identified source city
B) Unusual itinerary
C) Use of an alias
D) Carrying little or no luggage
E) All of the above

Question 26

Which of the following is a leading drug courier profiling case?

A) Reid v. Georgia
B) United States v. Mendenhall
C) Florida v. Royer
D) United States v. Sokolow
E) All of the above are leading drug courier profiling cases.

Question 27

The term ?reasonable suspicion? is found nowhere in the Constitution.

Question 28

A stop always precedes a frisk, but a stop does not automatically give a police officer permission to conduct a frisk.

Question 29

The Supreme Court has held that before a frisk can take place, absent exigent circumstances, the officer must identify himself or herself.

Question 30

A person who, in the eyes of a reasonable police officer, is ?free to leave? is always considered free to leave for purposes of determining if a stop has occurred.

Question 31

The Supreme Court has sanctioned a stop lasting 36 hours.

Question 32

The additional step of frisking a suspect is a Fourth Amendment intrusion that requires justification apart from that required to stop the person.

Question 33

A frisk is basically the same as a search because it is considered equally intrusive.

Question 34

Minnesota v. Dickerson is considered by many to be the case that officially recognized the doctrine known as plain touch (sometimes called plain feel).

Question 35

A valid frisk can evolve into a search, provided that probable cause develops along the way.

Question 36

Police officers can stop and detain motorists in their vehicles with articulable and reasonable suspicion that the motorist is violating the law.

Question 37

Probable cause is needed in situations where one or more officers disperse throughout a home while serving a search warrant or under exigent circumstances with the intent of looking for other people who could pose a threat to the officers making the arrest.

Question 38

The Supreme Court in Reid v. Georgia sanctioned the practice of drug courier profiling.

Question 39

Using small denominations of currency for ticket purchases is considered a typical characteristic of a drug courier.

Question 40

Investigative detentions (also known as stationhouse detentions) require more justification than a Terry stop but less than probable cause.

Question 41

The standards for stops and frisks were first created by the Supreme Court in ________ v. Ohio.

Question 42

A frisk must be supported by reasonable suspicion that the suspect is ________ and dangerous.

Question 43

The Supreme Court has adopted a(n) ________ test in order to distinguish stops from nonstops.

Question 44

A frisk is a Fourth Amendment intrusion that requires ________ apart from that required to stop the person.

Question 45

A valid frisk can lead to valid search if ________ cause for the search is established during the detention.

Question 46

Minnesota v. Dickerson is the case that officially recognized the doctrine known as ________ touch.

Question 47

A(n) ________ is nothing more than a pat-down of outer clothing.

Question 48

Police officers can stop and detain motorists in their vehicles with ________ and reasonable suspicion that the motorist is violating the law.

Question 49

The Supreme Court in Reid v. Georgia addressed the practice of ________ courier profiling.

Question 50

A(n) ________ detention is less intrusive than an arrest but more intrusive than a Terry stop.

Question 51

Match the case with the correct ruling with regard to a "stop."

-United States v. Mendenhall

A) Ruled that a person has been seized when a reasonable person would have believed that he was not free to leave.
B) Ruled that in order to determine whether a particular encounter constitutes a seizure, a court must consider all the circumstances surrounding the encounter to determine whether the police conduct would have communicated to a reasonable person that the person was not free to decline the officer's requests or otherwise terminate the encounter.
C) The 16-hour detention of a traveler at the border was permissible.
D) Ruled the seizure of a person during a pursuit occurs only when there is an application of force by the police or the suspect submits to police authority.
E) What constitutes a restraint on liberty prompting a person to conclude that he is not free to leave will vary, not only with the particular police conduct at issue, but also with the setting in which the conduct occurs.

Question 52

Match the case with the correct ruling with regard to a "stop."

-California v. Hodari D.

A) Ruled that a person has been seized when a reasonable person would have believed that he was not free to leave.
B) Ruled that in order to determine whether a particular encounter constitutes a seizure, a court must consider all the circumstances surrounding the encounter to determine whether the police conduct would have communicated to a reasonable person that the person was not free to decline the officer's requests or otherwise terminate the encounter.
C) The 16-hour detention of a traveler at the border was permissible.
D) Ruled the seizure of a person during a pursuit occurs only when there is an application of force by the police or the suspect submits to police authority.
E) What constitutes a restraint on liberty prompting a person to conclude that he is not free to leave will vary, not only with the particular police conduct at issue, but also with the setting in which the conduct occurs.

Question 53

Match the case with the correct ruling with regard to a "stop."

-Florida v. Bostick

A) Ruled that a person has been seized when a reasonable person would have believed that he was not free to leave.
B) Ruled that in order to determine whether a particular encounter constitutes a seizure, a court must consider all the circumstances surrounding the encounter to determine whether the police conduct would have communicated to a reasonable person that the person was not free to decline the officer's requests or otherwise terminate the encounter.
C) The 16-hour detention of a traveler at the border was permissible.
D) Ruled the seizure of a person during a pursuit occurs only when there is an application of force by the police or the suspect submits to police authority.
E) What constitutes a restraint on liberty prompting a person to conclude that he is not free to leave will vary, not only with the particular police conduct at issue, but also with the setting in which the conduct occurs.

Question 54

Match the case with the correct ruling with regard to a "stop."

-United States v. Montoya De Hernandez

A) Ruled that a person has been seized when a reasonable person would have believed that he was not free to leave.
B) Ruled that in order to determine whether a particular encounter constitutes a seizure, a court must consider all the circumstances surrounding the encounter to determine whether the police conduct would have communicated to a reasonable person that the person was not free to decline the officer's requests or otherwise terminate the encounter.
C) The 16-hour detention of a traveler at the border was permissible.
D) Ruled the seizure of a person during a pursuit occurs only when there is an application of force by the police or the suspect submits to police authority.
E) What constitutes a restraint on liberty prompting a person to conclude that he is not free to leave will vary, not only with the particular police conduct at issue, but also with the setting in which the conduct occurs.

Question 55

Match the case with the correct ruling with regard to a "stop."

-Michigan v. Chestnut

A) Ruled that a person has been seized when a reasonable person would have believed that he was not free to leave.
B) Ruled that in order to determine whether a particular encounter constitutes a seizure, a court must consider all the circumstances surrounding the encounter to determine whether the police conduct would have communicated to a reasonable person that the person was not free to decline the officer's requests or otherwise terminate the encounter.
C) The 16-hour detention of a traveler at the border was permissible.
D) Ruled the seizure of a person during a pursuit occurs only when there is an application of force by the police or the suspect submits to police authority.
E) What constitutes a restraint on liberty prompting a person to conclude that he is not free to leave will vary, not only with the particular police conduct at issue, but also with the setting in which the conduct occurs.

Question 56

Match the case with the correct expansion of the stop and frisk doctrine.

-Vehicle stops and weapons searches of automobiles

A) Maryland v. Buie
B) Delaware v. Prouse
C) United States v. Sokolow
D) Davis v. Mississippi
E) Minnesota v. Dickerson

Question 57

Match the case with the correct expansion of the stop and frisk doctrine.

-Protective sweeps

A) Maryland v. Buie
B) Delaware v. Prouse
C) United States v. Sokolow
D) Davis v. Mississippi
E) Minnesota v. Dickerson

Question 58

Match the case with the correct expansion of the stop and frisk doctrine.

-Plain touch and feel

A) Maryland v. Buie
B) Delaware v. Prouse
C) United States v. Sokolow
D) Davis v. Mississippi
E) Minnesota v. Dickerson

Question 59

Match the case with the correct expansion of the stop and frisk doctrine.

-Investigative detentions

A) Maryland v. Buie
B) Delaware v. Prouse
C) United States v. Sokolow
D) Davis v. Mississippi
E) Minnesota v. Dickerson

Question 60

Match the case with the correct expansion of the stop and frisk doctrine.

-Two-pronged test was too difficult in dealing with one of the relatively simple concepts in the Fourth Amendment

A) Maryland v. Buie
B) Delaware v. Prouse
C) United States v. Sokolow
D) Davis v. Mississippi
E) Minnesota v. Dickerson

Question 61

Define and explain the requirements in Terry stops and Terry frisks. How do they differ from a search?

Question 62

Pick two cases that relate to the ʺstopʺ in the stop and frisk context and give a brief summary of the case and explain how that case is important to the definition of stop.

Question 63

Identify several examples of how a frisk may evolve into a search.

Question 64

Explain the typical characteristics of drug couriers and then examine one of the landmark cases in the text concerning profiling (Reid v. Georgia or United States v. Sokolow). Review the court's decision and take a stand. Do you agree or disagree with the court's ruling?

Question 65

What is your opinion of the Supreme Court's decision in Terry v. Ohio? Is the decision too restrictive or not restrictive enough?

Question 66

Should race be a factor in drug courier profiling? Is it already? Why or why not?