Question 1

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

Accepted Answer

The Supreme Court has ruled that a frisk, also known as a pat-down, is only permitted if the officer has reasonable suspicion that the person is armed and dangerous. This authority is limited and narrowly drawn to ensure that it does not violate an individual's Fourth Amendment rights.

Question 2

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

Accepted Answer

The courts have ruled that if during a frisk, an officer feels an object that is not a weapon or contraband, the officer should cease and desist with the search. Therefore, option C is the correct choice. The officer cannot use the feel of the item as probable cause to obtain a warrant because probable cause must be based on more than just a hunch or a suspicion.

Question 3

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.

Accepted Answer

The officer has the authority to stop a vehicle if they observe any traffic violation, regardless of whether a hypothetical "reasonable officer" would have been motivated by a desire to enforce traffic laws.

Question 4

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

Accepted Answer

The court must consider the inquiry from the standpoint of the reasonable person, meaning an objective standard is used to determine whether the seizure or frisk was justified. The citizen's individual perception or the specific officer's actions are not the determining factors in the analysis.

Question 5

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?

Accepted Answer

The officer has reasonable suspicion based on the man's behavior and the location he was seen leaving from, but probable cause for arrest or search has not been established. The officer can temporarily detain the man and the locked case for the purpose of having a drug canine sniff the case. If the dog alerts to the case, then the officer would have probable cause to search it. If the dog does not alert, then the man and the case must be released.

Question 6

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.

Accepted Answer

The USA Patriot Act does grant the government the power to detain individuals classified as enemy combatants on the basis of reasonable suspicion for long periods of time.

Question 7

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.

Accepted Answer

This is known as the "trained officer" or "specialized knowledge" exception to the Fourth Amendment's requirement for reasonable suspicion, and has been established in several U.S. Supreme Court cases, such as United States v. Arvizu (2002) and Illinois v. Wardlow (2000).

Question 8

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:

Accepted Answer

Based on the circumstances presented, the officer has reasonable suspicion to believe the person may be armed. As a result, the officer can conduct a frisk of the person for weapons, in accordance with Terry v. Ohio. The frisk is limited to a pat-down of the person's outer clothing, and does not extend to a full search of the person's body. Additionally, the officer can search any part of the passenger compartment where a weapon could be kept, including the glove compartment, console, or other areas within reach of the driver or passenger. However, the officer cannot search the trunk of the car without probable cause or a search warrant.

Question 9

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

Accepted Answer

An investigative detention, also known as a Terry stop, must be brief and last only as long as necessary to confirm or dispel the officer's suspicion of criminal activity. The duration of the detention should not be arbitrary or prolonged. The Supreme Court has stated that a Terry stop should last no longer than necessary to accomplish the purpose of the stop.

Question 10

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."

Accepted Answer

This statement is true. As the delay between the development of reasonable suspicion and the actual stop grows longer, courts may conclude that the suspicion has dissipated or evaporated. This is because the justification for the stop may no longer exist or may not be considered enough for the length of time that has passed.

Question 11

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.

Accepted Answer

In the case of United States v. Place, the courts ruled that a 90-minute seizure of a suspect's luggage suspected of containing drugs in order to transport the luggage to another airport for a canine sniff was excessive.

Question 12

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.

Accepted Answer

For an action to be considered a seizure under the Fourth Amendment, there must be either physical force or a submission to the show of authority by the person being confronted. If the person does not halt or submit, then, under the legal definition, a seizure has not occurred.

Question 13

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.

Accepted Answer

The anonymous tip alone does not provide enough reasonable suspicion to justify a stop and frisk. The police must have additional corroborating evidence before stopping and searching an individual.

Question 14

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.

Accepted Answer

The Fourth Amendment governs seizures of the person, including those that do not result in a trip to the station house or a formal arrest, as it protects against unreasonable searches and seizures by the government.

Question 15

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

Accepted Answer

The Supreme Court has ruled that police checkpoints for the purpose of general crime control are unconstitutional. Checkpoints must have a specific purpose, such as DUI checks, and cannot be used for general law enforcement purposes.

Question 16

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?

Accepted Answer

Racial profiling is defined as the practice of targeting an individual for suspicion of a crime based on his or her race, ethnicity or national origin rather than on evidence of wrongdoing. It is considered a form of discrimination and violation of civil rights.

Question 17

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?

Accepted Answer

This scenario is a pretextual stop, where Officer Brewer is using the brake light violation as a pretext to stop the vehicle and investigate possible drug-related activity. While technically there was a violation, the true motivation for the stop was not related to enforcing traffic laws, making it a pretextual stop.

Question 18

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?

Accepted Answer

Whether the officer was undercover or in uniform is generally not a factor in determining if a "seizure" has occurred. The focus is more on the officer's actions and the perception of the individual involved.

Question 19

The initial stages of a frisk must be limited to

Accepted Answer

The initial stages of a frisk must be limited to a pat-down of the outer clothing to ensure the safety of the officer and to identify any weapons or dangerous objects that may be used to harm the officer. This is based on the Supreme Court case Terry v. Ohio, which allows officers to conduct a limited search for weapons if they have reasonable suspicion that the person may be armed and dangerous. Pockets or other holding devices may only be searched if the officer feels an object that they reasonably believe is a weapon during the pat-down. A strip search is not authorized at this stage and requires a more stringent level of suspicion or a warrant. Probable cause is not required for a frisk, only reasonable suspicion.

Question 20

?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

Accepted Answer

The plain touch exception allows officers to seize non-threatening contraband if its identity as contraband is immediately apparent to the sense of touch, relying on the principles of the plain view doctrine.

Quiz 8: Stops and Frisks