Question 1

Which of the following is a true statement?

Accepted Answer

A police officer needs a reasonable suspicion to justify a frisk, which is less than the probable cause required for a full search. Therefore, option B correctly states that both a frisk and a full search require more than a hunch, but a frisk requires less than a full search. Option A is incorrect because a frisk requires less suspicion than a full search. Option C is incorrect because a reasonable suspicion, not probable cause, is required to justify a frisk. Option D is incorrect because probable cause is not needed to stop a person, but reasonable suspicion is sufficient.

Question 2

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

Accepted Answer

According to the Fourth Amendment of the United States Constitution, a police officer may only detain a person if they have reasonable suspicion, which is defined as "a particularized and objective basis for suspecting the person stopped of criminal activity." This is a lower standard than probable cause, which is required for an arrest. Color of authority and legal ground are not relevant to the standard for detention.

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?

Accepted Answer

Stop and frisk procedures are governed by the Fourth Amendment to the United States Constitution, which protects individuals from unreasonable searches and seizures.

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?

Accepted Answer

The officer did not have probable cause to search the suspect without a warrant or consent, and the suspect did not make any suspicious movements indicating that he was armed or dangerous. The fact that the suspect was talking with known drug addicts does not provide sufficient justification for the search. Therefore, the seizure would be considered illegal and the evidence obtained would be inadmissible in court.

Question 5

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

Accepted Answer

Courts have ruled that investigative detentions, also known as Terry Stops, must be temporary and last no longer than necessary to effectuate the purpose of the stop. This means that the detention must be no longer than necessary for the officer to conduct the investigation that prompted the stop, such as a traffic violation or suspicious behavior. There is no set time limit, but it must be reasonable based on the specific circumstances of the stop.

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.

Accepted Answer

The most recent case law suggests that a stop that exceeds 20-25 minutes may be outside of a reasonable time limit. Therefore, the correct choice is C) twenty to twenty-five minutes.

Question 7

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

Accepted Answer

A stop is the least intrusive type of seizure under the Fourth Amendment. It involves a brief detention of an individual for the purpose of investigating possible criminal activity based on reasonable suspicion. A frisk or pat-down and pursuit both involve physical contact and movement, making them more intrusive than a stop.

Question 8

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

Accepted Answer

Officers may stop a person or a vehicle on the basis of a police flyer, bulletin, or a radio dispatch. This means that any of these sources can provide reasonable suspicion to stop someone or something.

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

Accepted Answer

The Supreme Court has established that an individual has been "seized" under the Fourth Amendment if a reasonable person would not feel free to leave the presence of law enforcement. This includes situations where an individual is physically touched by law enforcement, but can also include situations where law enforcement uses language or displays of authority that would make a reasonable person feel restrained or not free to leave. Therefore, the correct answer is A - believed he was not free to leave.

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?

Accepted Answer

The factors listed in United States v. Seelye for determining the reasonableness of force during an investigative stop include considerations such as the number of officers and police cars involved, the nature of the crime and whether the suspect is believed to be armed, and the need for immediate action. However, the training and experience level of the officer(s) involved is not explicitly listed as a factor in this context.

Question 11

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

Accepted Answer

The Supreme Court generally examines the totality of the circumstances in cases involving the seizure of a person, considering factors such as the location of the seizure, the behavior of the suspect and officers, and any other relevant circumstances. This approach allows the Court to consider the unique facts of each case and determine whether the seizure was constitutionally reasonable under the Fourth Amendment.

Question 12

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

Accepted Answer

Before conducting a frisk, an officer must believe that he is dealing with an armed and dangerous individual. This belief must be based on specific and articulable facts that would lead a reasonable law enforcement officer to conclude that the individual in question is armed and dangerous. It is not necessary for the officer to visibly see a weapon or possess probable cause to proceed with the search. Traffic violations are not relevant to a frisk.

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

Accepted Answer

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 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:

Accepted Answer

The officer does not have probable cause at this point, only reasonable suspicion. Therefore, the officer cannot conduct a full search or seize the object without consent or establishing probable cause through further investigation. The best option is to request consent from the person 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.

Accepted Answer

A seizure only occurs when the person being confronted submits to the authority of the law enforcement officer or is physically restrained. If the person does not halt or submit, there is no seizure under the Fourth Amendment.

Question 16

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

Accepted Answer

The power to detain and question suspicious persons can be traced back to the common law of England, which formed the basis of early American law. This power is rooted in the idea that law enforcement officers have a duty to protect the public and maintain order, and that brief detentions and questioning can be necessary to accomplish these goals.

Question 17

_______________ is a less demanding standard than _______________.

Accepted Answer

Reasonable suspicion is a less demanding standard than probable cause. Reasonable suspicion only requires that there be reasonable grounds to suspect that a crime has been committed, while probable cause requires that there be sufficient evidence to support a belief that a crime has been committed.

Question 18

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

Accepted Answer

Terry v. Ohio is the landmark case that established the foundation for stop and frisk. In this case, the Supreme Court ruled that police officers are allowed to briefly detain and frisk individuals if they have reasonable suspicion that the individual is involved in criminal activity and may be armed and dangerous. This ruling set the precedent for the use of stop and frisk by law enforcement in the United States.

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?

Accepted Answer

A frisk is 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 is another name for a frisk but in some contexts, it might refer to a less thorough search. A body search refers to a more thorough search of a person's body, which may involve removing some or all of their clothing. A strip search involves requiring a person to remove all clothing, which is typically only allowed in certain circumstances such as in a correctional facility or with a court order.

Question 20

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

Accepted Answer

A limited search of a person, typically for weapons, is best described as a "frisk," which is a pat-down conducted for officer safety.

Quiz 8: Stops and Frisks