41 Questions
What is the primary purpose of a frisk?
To protect the police officer and third parties
What is the scope of a frisk limited to?
Guns, knives, and other hidden instruments for assault
What is the court's primary concern in regards to a frisk?
Protecting the suspect's right to be left alone
What was the main question posed in Terry v. Ohio (1968)?
Is a frisk considered a 'reasonable search'
Under what circumstances can a 'plain feel' seizure of contraband or evidence be legal?
During a pat-down search for weapons
What can an officer do while detaining a suspect with a container when a frisk of the container does not seem reasonable?
Ask the suspect to open the container
According to the Terry v. Ohio case, under what circumstances can a police officer frisk a person?
If the officer has reasonable suspicion that the person is armed and dangerous
What is the primary purpose of a frisk?
To protect the officer from potential harm
What is required for an officer to have reasonable suspicion to stop and frisk a person?
Specific and articulable facts that the person is involved in criminal activity
What is the difference between a frisk and a full search?
A frisk is limited to a pat down of outer clothing, while a full search is more thorough
What is the scope of a frisk on a person?
A pat down of the person's outer clothing for weapons only
What is the purpose of a Terry stop?
To protect the officer from potential harm
What is required for a police officer to have probable cause to search a vehicle?
Probable cause to believe that the vehicle contains evidence of a crime
What is the standard for determining reasonable suspicion?
Whether a reasonable prudent person would believe that their safety is in danger
What is the justification for a 'plain feel' seizure?
The officer has probable cause to believe that the item is contraband
What is the difference between a detention and an arrest?
A detention is limited to a pat down for weapons, while an arrest requires probable cause
What is the primary purpose of a frisk during a stop and frisk?
To prevent injury or death of the officer
Under what circumstances can a container be opened during a search?
If a weapon-like object is felt during a pat-down
What is required for a search warrant to be executed?
Probable cause that a crime was committed
What is the purpose of the 'Plain View Doctrine'?
To allow seizures of evidence or contraband
What is required for a search incident to the execution of a search warrant?
A limited search of the detained person
Under what circumstances can an officer move a container away from a subject's control?
When the subject is being detained
What is the purpose of a stop and frisk?
To prevent injury or death of the officer
What is required for an officer to search an abandoned property?
No warrant or probable cause
What is the scope of a search incident to the execution of a search warrant?
A search of the person and the area specified in the warrant
What is the purpose of 'Searches by Private Persons'?
To allow use of evidence and contraband found in searches by private persons
What is the primary purpose of a patdown search?
To search for weapons only
What is the justification for a search incident to arrest of a person?
A custodial arrest based on probable cause
What is the scope of a search incident to arrest of a vehicle?
The area within the person's immediate control and accessible personal property
What is the purpose of a protective sweep?
To assure that no accomplices who may pose a danger to the officer are hiding
What is required for a search incident to arrest of a premise?
A custodial arrest within a protected area, based on probable cause
What is the motor vehicle exception to the warrant requirement?
Seizure of evidence of a crime from a mobile vehicle where it is impractical to obtain a search warrant
What is the justification for an emergency (exigent) circumstance search?
Probable cause that an emergency exists
What is required for a consent search?
Voluntary consent of the person in legal possession of the area
What is the scope of a search incident to arrest of a person's personal property?
The area within the person's immediate control and accessible personal property
When can an inventory search be conducted?
As part of a legal custodial arrest
What is the purpose of an inventory search?
To assure security of personal effects of arrested party
What is required for a search of a closed but not locked container?
General consent
What happens if a locked container is damaged during an inventory search?
The department must pay for the damage
What is the Motor Vehicle Exception?
Search of a vehicle based on probable cause
What is the purpose of a search incident to arrest?
To protect the officer and others from harm
Study Notes
Introduction to Frisk and Stop
- A frisk is a limited search of a person or vehicle to ensure officer safety and detect hidden weapons.
- The purpose of a frisk is not to gather evidence, but to protect the officer and others from potential harm.
Legal Justification for a Frisk
- A frisk is justified if the officer has reasonable suspicion that the person is armed and involved in criminal activity.
- The officer must be able to articulate the basis for the suspicion.
- The frisk must be limited to a pat-down of the outer clothing for weapons only.
Circumstances for a Frisk
- A frisk can be performed during a detention or traffic stop if the officer has reasonable suspicion that the person is armed.
- The officer must have reasonable suspicion that the person is involved in criminal activity, has been involved, or will be involved.
- Circumstances that contribute to reasonable suspicion include:
- Gang members often being armed
- Type of crime suspected includes a weapon
- Drug dealers often being armed
- Subject known to carry a weapon
- Bulky clothing capable of concealing a weapon
Scope of a Frisk
- A frisk of a person is limited to a pat-down of the outer clothing for weapons only.
- A frisk of a vehicle is limited to a pat-down of the areas immediately accessible to the detained party.
- The search is for weapons only, not for evidence or contraband.
Plain Feel Seizure
- A plain feel seizure is justified if the officer has probable cause to believe the item felt is contraband.
- The officer must be able to articulate the basis for the probable cause.
- The search must be limited to a pat-down of the outer clothing for weapons only.
Searching Containers
- A container may be searched if the officer has reasonable suspicion that it contains a weapon.
- The officer may squeeze or open the container if they feel a weapon-like object.
- The officer must be able to articulate the basis for the search.
Detaining a Subject with a Container
- If the officer is detaining a subject with a container and a frisk of the container does not seem reasonable, the officer may move the container away from the subject's immediate control until the detention is terminated.
Learn about the legal justification for a frisk, including the justification needed to stop a suspect and the further justification required for a frisk of a detained person and/or vehicle.
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