Florida Stop and Frisk Law
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Questions and Answers

Under what circumstances can a law enforcement officer temporarily detain a person according to the Florida Stop and Frisk Law?

  • When circumstances reasonably indicate that the person has committed, is committing, or is about to commit a violation of the criminal laws (correct)
  • When the officer has probable cause to believe the person has committed a crime
  • When the officer has a warrant for the person's arrest
  • When the person is loitering in a high-crime area

    • How long can a person be temporarily detained under the Florida Stop and Frisk Law?

  • Until the person is charged with a crime
  • No longer than is reasonably necessary to effect the purposes of the act (correct)
  • Until the officer has probable cause to arrest the person
  • Until the officer completes a thorough search of the person

    • What is required for a police officer to conduct a stop and frisk under F.S.§901.151?

  • A reasonable articulated suspicion (correct)
  • Probable cause to believe the person has committed a crime
  • Permission from the person's lawyer
  • A warrant for the person's arrest

    • Can a police officer use drawn weapons in a Terry stop?

    <p>When the officer reasonably believes it is necessary to protect the officers or prevent a suspect’s ability to flee</p> Signup and view all the answers

    What is the purpose of temporarily detaining a person under F.S.§901.151?

    <p>To ascertain the identity of the person and the circumstances surrounding their presence</p> Signup and view all the answers

    What is required for an officer to temporarily detain a person under F.S.§901.151?

    <p>Circumstances must reasonably indicate that the person has committed, is committing, or is about to commit a violation of the criminal laws</p> Signup and view all the answers

    What determines whether an officer has a reasonable suspicion to conduct a stop and frisk?

    <p>The facts and circumstances of each case</p> Signup and view all the answers

    Can an officer temporarily detain a person under F.S.§901.151 for a reported misdemeanor performed outside of their presence?

    <p>Yes, as long as circumstances reasonably indicate that the person has committed a violation of the criminal laws</p> Signup and view all the answers

    What is the basis for a temporary investigative detention?

    <p>Reasonable and articulable suspicion of criminal activity</p> Signup and view all the answers

    What is the maximum time limit for a temporary investigative detention?

    <p>15 to 30 minutes</p> Signup and view all the answers

    What is the penalty for giving a false name or identity to a law enforcement officer?

    <p>It is a criminal offense only if the detention is lawful</p> Signup and view all the answers

    What is the basis for a pat-down search for weapons?

    <p>Reasonable suspicion of being armed and dangerous</p> Signup and view all the answers

    What is the primary purpose of a frisk?

    <p>To protect the officer from physical harm</p> Signup and view all the answers

    When can an officer conduct a frisk without reasonable suspicion?

    <p>When the suspect is about to voluntarily become a passenger in the officer's vehicle</p> Signup and view all the answers

    What is the ruling in the case of Minnesota v. Dickerson?

    <p>Police do not need a warrant to seize narcotics</p> Signup and view all the answers

    What is required for an officer to conduct a pat-down of a driver or passenger during a traffic stop?

    <p>Reasonable suspicion that the driver or passenger may be armed and dangerous</p> Signup and view all the answers

    What is the significance of furtive movements in a stop and frisk?

    <p>It is a basis for a pat-down search for weapons</p> Signup and view all the answers

    What is the ruling in the case of Reynolds v. State?

    <p>Handcuffing a person during a stop and frisk is reasonable when circumstances reasonably justify the use of such restraint</p> Signup and view all the answers

    When can an officer conduct a search incident to arrest?

    <p>When the officer has probable cause to arrest</p> Signup and view all the answers

    What is the significance of the case of Turner v. State?

    <p>It provided an overview of some issues associated with a street encounter</p> Signup and view all the answers

    What is not a sufficient reason for an officer to conduct a frisk?

    <p>The officer's routine procedure</p> Signup and view all the answers

    What is the basis for a lawful stop?

    <p>Reasonable and articulable suspicion of criminal activity</p> Signup and view all the answers

    What is the exception to the rule that an officer must have an independent suspicion that the suspect is armed?

    <p>When the suspect has committed a violent crime</p> Signup and view all the answers

    What is not sufficient to justify a frisk?

    <p>A bulge seen on the suspect without more</p> Signup and view all the answers

    What is the significance of the case of Dewberry v. State?

    <p>It held that a pat-down search of a defendant was justified</p> Signup and view all the answers

    What is the requirement for an investigatory stop?

    <p>A well-founded suspicion that criminal activity is afoot</p> Signup and view all the answers

    What can an officer do during a frisk?

    <p>Pat-down the suspect's clothing and feel for weapons</p> Signup and view all the answers

    When can an officer order a suspect to spit out the contents of their mouth?

    <p>When the officer has probable cause to arrest</p> Signup and view all the answers

    What is the minimum requirement for an officer to legally conduct an investigatory stop?

    <p>A founded suspicion that the person has committed, is committing, or is about to commit a crime</p> Signup and view all the answers

    What is the purpose of a pat-down search?

    <p>To search for weapons</p> Signup and view all the answers

    What is the result of an officer initiating questioning in a public place?

    <p>A reasonable contact with the police</p> Signup and view all the answers

    What is required for a consent to search to be valid?

    <p>Clear and convincing proof of an unequivocal break in the chain of official illegal action</p> Signup and view all the answers

    What constitutes a seizure under the Fourth Amendment?

    <p>A restriction on a person's freedom of movement</p> Signup and view all the answers

    What is the rule regarding a school official asking a school resource officer to pat down a student for weapons?

    <p>The school official must have a reasonable suspicion that the student is armed</p> Signup and view all the answers

    What is the consequence of refusing to provide identification when stopped by a police officer?

    <p>An arrest</p> Signup and view all the answers

    When can a police officer conduct a search of a person's belongings?

    <p>When the person consents to the search</p> Signup and view all the answers

    What is the purpose of a police officer initiating questioning in a public place?

    <p>To establish a level of cooperation with the citizen</p> Signup and view all the answers

    What is the standard for a police officer to legally detain a person?

    <p>A reasonable suspicion that the person is committing a crime</p> Signup and view all the answers

    What is the primary goal of the alternative methods used in the Eyewitness Identification Reform Act?

    <p>To prevent the lineup administrator from knowing which photograph is being presented to the eyewitness</p> Signup and view all the answers

    What instruction is not required to be given to the eyewitness before a lineup if a specified and approved alternative method of neutral administration is used?

    <p>The lineup administrator does not know the suspect's identity</p> Signup and view all the answers

    Under what circumstances can an officer conduct a frisk if they cannot identify a weapon and the bulge is in the waist area?

    <p>If there is some other indication of criminal activity</p> Signup and view all the answers

    What is the consequence of noncompliance with the requirements of the Eyewitness Identification Reform Act?

    <p>The court will consider the failure to comply when adjudicating motions to suppress eyewitness identification</p> Signup and view all the answers

    What is the purpose of the instruction that the eyewitness should not feel compelled to make an identification?

    <p>To prevent the eyewitness from making a false identification</p> Signup and view all the answers

    What was the holding in the 1993 U.S. Supreme Court decision in Minnesota v. Dickerson?

    <p>Police do not need a warrant to seize narcotics while frisking a suspect for concealed weapons</p> Signup and view all the answers

    What is the significance of the instruction that the perpetrator might or might not be in the lineup?

    <p>It informs the eyewitness that the lineup is not conclusive</p> Signup and view all the answers

    What is required to search a vehicle?

    <p>Probable cause</p> Signup and view all the answers

    What is an example of an alternative method of neutral administration?

    <p>An automated computer program that can automatically administer the photo lineup</p> Signup and view all the answers

    What can an experienced officer conclude based on plain feel during a lawful pat-down?

    <p>That the object is drug paraphernalia</p> Signup and view all the answers

    What is the consequence of a failure to comply with the requirements of the Eyewitness Identification Reform Act at trial?

    <p>The jury shall be instructed that the jury may consider credible evidence of compliance or noncompliance to determine the reliability of eyewitness identifications</p> Signup and view all the answers

    What is the result of simply seeing a partially concealed firearm?

    <p>It does not, standing alone, constitute reasonable suspicion or justify a frisk</p> Signup and view all the answers

    What is required to frisk a suspect who is present at the scene of a crime?

    <p>A reasonable suspicion</p> Signup and view all the answers

    What is the purpose of the Eyewitness Identification Reform Act?

    <p>To prevent wrongful convictions resulting from eyewitness misidentification</p> Signup and view all the answers

    What is required of the eyewitness before a lineup?

    <p>The eyewitness must sign a document acknowledging receipt of the instructions</p> Signup and view all the answers

    What was the holding in the case of In re J.B.?

    <p>The coins and straw removed from defendant's pocket were admissible, but the marijuana discovered by a police officer when he opened and inspected a Marlboro cigarette box removed from defendant's pocket was inadmissible</p> Signup and view all the answers

    What is an example of a remedy available as a consequence of noncompliance with the requirements of the Eyewitness Identification Reform Act?

    <p>A failure to comply will be considered by the court when adjudicating motions to suppress eyewitness identification</p> Signup and view all the answers

    Under what circumstances can an officer conduct a frisk if they observe the outline of a gun through a bulge?

    <p>The officer can conduct a frisk</p> Signup and view all the answers

    What is the primary purpose of the Fifth Amendment protection in a criminal case?

    <p>To protect a suspect from being compelled to testify against himself or herself.</p> Signup and view all the answers

    What was the holding in the case of Conyers v. State?

    <p>Plain feel of a crack pipe during a lawful pat-down can provide probable cause to arrest</p> Signup and view all the answers

    What can an officer do if they have a reasonable suspicion that a defendant is armed and dangerous?

    <p>Make a justified protective frisk or 'pat-down' pursuant to Terry v. Ohio</p> Signup and view all the answers

    What type of evidence is not protected by the Fifth Amendment?

    <p>Physical evidence</p> Signup and view all the answers

    What is the standard for the admissibility of testimony concerning an out-of-court identification?

    <p>Whether there is a substantial likelihood of misidentification that violates a defendant's right to due process</p> Signup and view all the answers

    What is the primary concern when evaluating the reliability of an eyewitness identification?

    <p>The level of certainty demonstrated by the witness at the confrontation</p> Signup and view all the answers

    Under what circumstances may an 'in-court' identification of a defendant be admissible?

    <p>If the victim's identification was based solely on an independent recollection</p> Signup and view all the answers

    What is the primary purpose of evaluating the 'suggestiveness' of an eyewitness identification procedure?

    <p>To determine the likelihood of misidentification</p> Signup and view all the answers

    What is the significance of the 'totality of the circumstances' in evaluating an eyewitness identification?

    <p>It determines the reliability and suggestiveness of the identification</p> Signup and view all the answers

    What is the result of an eyewitness identification procedure that is 'so impermissibly suggestive as to give rise to a very substantial likelihood of irreparable misidentification'?

    <p>The identification is invalidated</p> Signup and view all the answers

    What is an example of a physical evidence that a suspect may be compelled to provide?

    <p>A blood sample</p> Signup and view all the answers

    What is the primary concern when evaluating the reliability of an eyewitness identification made at a pre-trial hearing?

    <p>The independence of the witness's recollection</p> Signup and view all the answers

    Study Notes

    Florida Stop and Frisk Law

    • Under F.S.§901.151, law enforcement officers can temporarily detain a person if they reasonably believe the person has committed, is committing, or is about to commit a crime.
    • The detention is limited to the time necessary to investigate and must be in the immediate vicinity where the detention was made.

    Frisking

    • A frisk can be conducted to feel for weapons, and it's essentially a "pat-down" of the suspect.
    • The officer can pat-down a citizen's bag or container if they have the right to frisk the individual.
    • A frisk is not a full-blown search, but a self-protective procedure to feel for weapons.
    • An officer must have a reasonable suspicion to conduct a frisk, and it's not a routine procedure.

    Violent Crimes

    • An officer can base a reasonable suspicion to stop and frisk on various factors, including observing a dangerous or suspicious movement, or confirming an anonymous tip.
    • If an officer suspects a violent crime, they can frisk the suspect.

    Bulge Seen on Suspect

    • If an officer sees a bulge on a suspect, they can frisk the suspect, but only if they can identify a weapon or if there's some other indication of criminal activity.
    • If the officer can't identify a weapon, a frisk is only authorized if the officer is responding to a report of a crime involving a weapon.

    Presence at Scene of a Crime

    • An officer cannot frisk a suspect merely because they are present at the scene of a crime.
    • There must be some other factual basis to reasonably believe the suspect is involved in the crime.
    • If an officer finds contraband during a frisk, it's admissible evidence if the officer had reasonable suspicion to conduct the frisk.
    • The contraband must be instantly recognizable by "plain feel."

    Use of Handcuffs

    • Handcuffing a person during a stop and frisk is reasonable when circumstances justify the use of restraint.
    • The continued use of handcuffs after the pat-down is illegal.

    Investigatory Stops

    • There must be a well-founded suspicion that criminal activity is afoot for an investigatory stop.
    • A "hunch" alone is not enough for an investigatory search.
    • Officers must articulate reasons for their suspicions.

    Pat-Down for Weapons

    • A police officer can conduct a weapons search if there is probable cause to believe the person is armed.

    Questioning

    • Police may initiate questioning in a public place, and citizens may voluntarily cooperate.
    • If the contact between the police officer and citizen evokes voluntary cooperation, the encounter is not a seizure.

    Illegal Search and Seizure

    • A consent to search given after illegal police conduct is presumptively tainted and deemed involuntary.
    • However, if there is a clear break in the chain of official illegal action, the consent may be valid.

    Identification Requirement

    • When a person is stopped based on reasonable suspicion, they must identify themselves.

    • If they refuse, they can be arrested.

    • A suspect may be compelled to furnish a blood sample, handwriting exemplar, or voice exemplar.### Admissibility of Eyewitness Identification

    • The admissibility of eyewitness identification depends on its reliability and suggestiveness, which is determined by the totality of the circumstances.

    • Factors examined to determine reliability and suggestiveness include:

      • The opportunity of the witness to view the suspect at the time of the crime (length of time, lighting, face-to-face or side view, etc.)
      • The witness' degree of attention
      • The accuracy of the witness' prior description of the criminal
      • The level of certainty demonstrated by the witness at the confrontation
      • The length of time between the crime and the confrontation

    Cases

    • In Davis v. State (2000), the court upheld a show-up identification conducted two hours after the crime.
    • In Tumblin v. State (1999), the in-court identification was still reliable despite the victim failing to pick the defendant out of a pre-trial photo lineup.

    Eyewitness Identification Reform Act

    • The Act, F.S. § 92.70, passed in 2017, creates new requirements for lineups conducted in Florida.
    • Requirements include:
      • The lineup must be conducted by an independent administrator.
      • In lieu of an independent administrator, a law enforcement agency may conduct a photo lineup using an alternative method that achieves neutral administration.
      • Alternative methods include:
        • Automated computer programs
        • Procedures using folders with randomly numbered and shuffled photographs
        • Any other procedure that achieves neutral administration and prevents the lineup administrator from knowing which photograph is being presented.

    Pre-Lineup Instructions

    • Before a lineup, the eyewitness must be instructed that:
      • The perpetrator might or might not be in the lineup
      • The lineup administrator does not know the suspect's identity
      • The eyewitness should not feel compelled to make an identification
      • It is as important to exclude innocent persons as it is to identify the perpetrator
      • The investigation will continue with or without an identification

    Consequences of Noncompliance

    • A failure to comply with any requirement of the Eyewitness Identification Reform Act may be considered by the court when adjudicating motions to suppress eyewitness identification.
    • A failure to comply with any requirement of the Act is admissible in support of a claim of eyewitness misidentification.
    • If evidence of compliance or noncompliance is presented at trial, the jury shall be instructed to consider credible evidence of compliance or noncompliance to determine the reliability of eyewitness identifications.

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    Description

    This quiz covers the Florida Stop and Frisk Law (F.S.§901.151) that allows law enforcement officers to temporarily detain individuals under certain circumstances. Test your knowledge of this law and its applications. Legal Guidelines #10 and #11

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