36 Questions
What does the Florida Stop and Frisk Law (F.S. §901.151) authorize law enforcement officers to do?
Temporarily detain a person to investigate their identity and the circumstances of their presence if there is reasonable indication of a criminal violation
According to the text, how long can a person be temporarily detained under the Florida Stop and Frisk Law (F.S. §901.151)?
No longer than is reasonably necessary to effect the purposes of the law
In what circumstances can a police officer temporarily detain a person under F.S. §901.151?
If there is reasonable indication that the person has committed, is committing, or is about to commit a criminal offense
What is the key purpose of temporarily detaining a person under the Florida Stop and Frisk Law (F.S. §901.151)?
To ascertain the person's identity and the circumstances surrounding his or her presence abroad
According to the text, what type of offenses can lead to temporary detention under F.S. §901.151?
Any violation of the criminal laws of the state or criminal ordinances of any municipality or county
What does F.S. §901.151 authorize a police officer to do when investigating a reported misdemeanor performed outside of his or her presence?
Temporarily detain a person in order to investigate a reported misdemeanor performed outside of his or her presence
What is required for an investigatory stop according to the text?
A founded suspicion that the person has committed, is committing, or is about to commit a crime before there can be an investigatory stop.
According to Woodson, when can a police officer conduct a weapons search?
If there is probable cause
When does a seizure occur according to the text?
When one's freedom of movement has been restricted by physical force
What must a person do when stopped based on reasonable suspicion?
Identify himself or herself
What can school officials do if they have a reasonable suspicion that a student is armed?
Request any police officer to perform a pat-down search
In what situation can a consent to search be considered involuntary according to the text?
When given after illegal police conduct
What happens if a person refuses to provide his or her name when stopped based upon reasonable suspicion?
He or she can be arrested
What type of search does a school official request when there is reasonable suspicion that a student is carrying a dangerous weapon?
Pat-down search for weapons by any police officer
What does the text prescribe as necessary for conducting a weapons search according to Section 901.151(5) of the Florida Statutes (1989)?
Probable cause to believe the person is armed
Under what circumstances can a school official request any police officer to perform a pat-down search for weapons?
If there is reasonable suspicion that the student is armed
What is necessary for an officer to conduct a stop and frisk under F.S. §901.151?
Reasonable suspicion based on the facts and circumstances of the case
In what circumstance can law enforcement officers use drawn weapons in a Terry stop?
When they need to protect the officers or prevent a suspect’s ability to flee
Under what circumstances is it unlawful for a person lawfully detained by a law enforcement officer to give a false name or falsely identify himself or herself?
It is only unlawful if the detention is lawful
What does a frisk allow an officer to do?
Feel for any weapons and essentially perform a 'pat-down' of the suspect
In which case did the court rule that an officer exceeded the scope of a lawful pat-down?
Hines v. State
When can an officer continue to search a suspect after a frisk is completed?
When their initial fears have abated
What is required for an officer to frisk a person who is about to voluntarily become a passenger in the officer's vehicle?
No reasonable suspicion required
When can an officer order a suspect to spit out the contents of his or her mouth?
Only when there is probable cause to arrest and conduct a lawful search incident to arrest
Under what circumstances can an officer pat-down a driver or passenger during a traffic stop?
If there is reasonable suspicion to believe the driver or passenger may be armed and dangerous
Under what circumstances can an officer conduct a frisk without having an independent suspicion that the suspect is armed?
There are no circumstances for such conduct
What did the U.S. Supreme Court decide in Minnesota v. Dickerson (1993)?
Police do not need a warrant to seize narcotics while frisking a suspect for concealed weapons as long as the contraband is instantly recognizable by “plain feel”
What can plain feel of certain objects during a lawful pat-down provide according to Conyers v. State?
Probable cause to arrest for any crime involving drugs
Under what circumstances can a police officer make a justified protective frisk or 'pat-down'?
When the officer has reasonable suspicions that a defendant is armed and dangerous
In which scenario would a frisk by an officer be considered invalid?
When an individual is present at the scene of a crime
What must be immediately obvious to a police officer for narcotics seizure to be justified while frisking a suspect?
The contraband nature of the object by 'plain feel'
In what scenario would handcuffing a person during a stop and frisk be considered reasonable?
To prevent any attempt by the suspect to flee
According to Mackey v. State, 124 So. 3d 176 (Fla. 2013), in what situation is reasonable suspicion for a frisk established?
When an individual denies having anything on them despite visible possession of a concealed firearm
What did State v. Rodriquez, 674 So.2d 899 (Fla. 5th DCA 1996) rule regarding frisking a suspect present at the scene of a crime?
A factual basis for reasonable belief must exist to justify frisking a suspect present at the scene of a crime.
What was ruled in Dewberry v. State, 905 So.2d 963 (Fla. 5th DCA 2005) regarding furtive movements?
Furtive movements may be sufficient to establish reasonable suspicion justifying pat-down searches.
What is required for a warrantless search of an automobile to be justified under the Fourth Amendment?
The presence of probable cause
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