Legal Guidelines - STOP AND FRISK

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Questions and Answers

What does the Florida Stop and Frisk Law (F.S. §901.151) authorize law enforcement officers to do?

  • Arrest a person if there is any suspicion of a criminal offense
  • Temporarily detain a person to investigate their identity and the circumstances of their presence if there is reasonable indication of a criminal violation (correct)
  • Conduct a thorough search of a person's belongings without any specific reason
  • Temporarily detain a person without any indication of 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)?

  • As long as necessary to conduct a thorough search
  • Beyond the place where the detention was first effected or its immediate vicinity
  • For an indefinite period until wrongdoing is established
  • No longer than is reasonably necessary to effect the purposes of the law (correct)

In what circumstances can a police officer temporarily detain a person under F.S. §901.151?

  • If the officer wants to conduct further investigations on any individual
  • If there is reasonable indication that the person has committed, is committing, or is about to commit a criminal offense (correct)
  • If the person matches the description of a suspect in a recent crime
  • If the officer has any suspicion about the person's intentions

What is the key purpose of temporarily detaining a person under the Florida Stop and Frisk Law (F.S. §901.151)?

<p>To ascertain the person's identity and the circumstances surrounding his or her presence abroad (D)</p> Signup and view all the answers

According to the text, what type of offenses can lead to temporary detention under F.S. §901.151?

<p>Any violation of the criminal laws of the state or criminal ordinances of any municipality or county (C)</p> Signup and view all the answers

What does F.S. §901.151 authorize a police officer to do when investigating a reported misdemeanor performed outside of his or her presence?

<p>Temporarily detain a person in order to investigate a reported misdemeanor performed outside of his or her presence (C)</p> Signup and view all the answers

What is required for an investigatory stop according to the text?

<p>A founded suspicion that the person has committed, is committing, or is about to commit a crime before there can be an investigatory stop. (B)</p> Signup and view all the answers

According to Woodson, when can a police officer conduct a weapons search?

<p>If there is probable cause (C)</p> Signup and view all the answers

When does a seizure occur according to the text?

<p>When one's freedom of movement has been restricted by physical force (D)</p> Signup and view all the answers

What must a person do when stopped based on reasonable suspicion?

<p>Identify himself or herself (B)</p> Signup and view all the answers

What can school officials do if they have a reasonable suspicion that a student is armed?

<p>Request any police officer to perform a pat-down search (C)</p> Signup and view all the answers

In what situation can a consent to search be considered involuntary according to the text?

<p>When given after illegal police conduct (D)</p> Signup and view all the answers

What happens if a person refuses to provide his or her name when stopped based upon reasonable suspicion?

<p>He or she can be arrested (C)</p> Signup and view all the answers

What type of search does a school official request when there is reasonable suspicion that a student is carrying a dangerous weapon?

<p>Pat-down search for weapons by any police officer (D)</p> Signup and view all the answers

What does the text prescribe as necessary for conducting a weapons search according to Section 901.151(5) of the Florida Statutes (1989)?

<p>Probable cause to believe the person is armed (B)</p> Signup and view all the answers

Under what circumstances can a school official request any police officer to perform a pat-down search for weapons?

<p>If there is reasonable suspicion that the student is armed (D)</p> Signup and view all the answers

What is necessary for an officer to conduct a stop and frisk under F.S. §901.151?

<p>Reasonable suspicion based on the facts and circumstances of the case (C)</p> Signup and view all the answers

In what circumstance can law enforcement officers use drawn weapons in a Terry stop?

<p>When they need to protect the officers or prevent a suspect’s ability to flee (B)</p> Signup and view all the answers

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?

<p>It is only unlawful if the detention is lawful (C)</p> Signup and view all the answers

What does a frisk allow an officer to do?

<p>Feel for any weapons and essentially perform a 'pat-down' of the suspect (D)</p> Signup and view all the answers

In which case did the court rule that an officer exceeded the scope of a lawful pat-down?

<p>Hines v. State (D)</p> Signup and view all the answers

When can an officer continue to search a suspect after a frisk is completed?

<p>When their initial fears have abated (A)</p> Signup and view all the answers

What is required for an officer to frisk a person who is about to voluntarily become a passenger in the officer's vehicle?

<p>No reasonable suspicion required (A)</p> Signup and view all the answers

When can an officer order a suspect to spit out the contents of his or her mouth?

<p>Only when there is probable cause to arrest and conduct a lawful search incident to arrest (D)</p> Signup and view all the answers

Under what circumstances can an officer pat-down a driver or passenger during a traffic stop?

<p>If there is reasonable suspicion to believe the driver or passenger may be armed and dangerous (D)</p> Signup and view all the answers

Under what circumstances can an officer conduct a frisk without having an independent suspicion that the suspect is armed?

<p>There are no circumstances for such conduct (B)</p> Signup and view all the answers

What did the U.S. Supreme Court decide in Minnesota v. Dickerson (1993)?

<p>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” (C)</p> Signup and view all the answers

What can plain feel of certain objects during a lawful pat-down provide according to Conyers v. State?

<p>Probable cause to arrest for any crime involving drugs (A)</p> Signup and view all the answers

Under what circumstances can a police officer make a justified protective frisk or 'pat-down'?

<p>When the officer has reasonable suspicions that a defendant is armed and dangerous (A)</p> Signup and view all the answers

In which scenario would a frisk by an officer be considered invalid?

<p>When an individual is present at the scene of a crime (A)</p> Signup and view all the answers

What must be immediately obvious to a police officer for narcotics seizure to be justified while frisking a suspect?

<p>The contraband nature of the object by 'plain feel' (B)</p> Signup and view all the answers

In what scenario would handcuffing a person during a stop and frisk be considered reasonable?

<p>To prevent any attempt by the suspect to flee (C)</p> Signup and view all the answers

According to Mackey v. State, 124 So. 3d 176 (Fla. 2013), in what situation is reasonable suspicion for a frisk established?

<p>When an individual denies having anything on them despite visible possession of a concealed firearm (C)</p> Signup and view all the answers

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?

<p>A factual basis for reasonable belief must exist to justify frisking a suspect present at the scene of a crime. (C)</p> Signup and view all the answers

What was ruled in Dewberry v. State, 905 So.2d 963 (Fla. 5th DCA 2005) regarding furtive movements?

<p>Furtive movements may be sufficient to establish reasonable suspicion justifying pat-down searches. (A)</p> Signup and view all the answers

What is required for a warrantless search of an automobile to be justified under the Fourth Amendment?

<p>The presence of probable cause (D)</p> Signup and view all the answers

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