Podcast Beta
Questions and Answers
What is required in addition to any other documentation for an incident involving a vehicle stop?
Under what circumstance is a Contact Card not necessitated in relation to a vehicle stop?
During a 'Terry' stop, what must an officer do if the stop does not result in an arrest or citation?
Which of the following must be recorded on a Contact Card by officers?
Signup and view all the answers
What action should be taken regarding Contact Cards that pertain to violations of a 'stay-away order'?
Signup and view all the answers
What is required for a police officer to conduct a 'Terry' stop?
Signup and view all the answers
Under which circumstance can an officer legally detain a citizen during a 'Terry' stop?
Signup and view all the answers
What must happen once the reasonable suspicion in a 'Terry' stop is determined to be unfounded?
Signup and view all the answers
Which legal case established the basis for 'Terry' stops?
Signup and view all the answers
What is not sufficient to provide probable cause for an investigatory stop?
Signup and view all the answers
What differentiates a consensual encounter from a 'Terry' stop?
Signup and view all the answers
What happens during the documentation of a 'Terry' stop?
Signup and view all the answers
Which statement about civil rights during 'Terry' stops is true?
Signup and view all the answers
What must an officer articulate to conduct a frisk?
Signup and view all the answers
Which statement correctly describes the handcuffing policy for charged and pregnant offenders?
Signup and view all the answers
Why is it important for law enforcement to avoid profiling based on race or ethnicity?
Signup and view all the answers
In the context of an enforcement stop, what does 'exigent circumstances' refer to?
Signup and view all the answers
What is a requirement when completing a Contact Card during a traffic stop?
Signup and view all the answers
What must officers ensure during an enforcement stop to avoid missing indicators of illegal activity?
Signup and view all the answers
How should an officer explain to a citizen why they were stopped or detained?
Signup and view all the answers
When more than one vehicle is stopped during an incident, what should officers note on the Contact Card?
Signup and view all the answers
What must an officer do when completing a Contact Card about a stopped vehicle?
Signup and view all the answers
In what scenario can an officer complete a Contact Card without a Terry stop being initiated?
Signup and view all the answers
What type of information must NOT be included on a Contact Card?
Signup and view all the answers
Which of the following is true about documentation for 'stay-away order' violations?
Signup and view all the answers
What information is unnecessary to enter on a Contact Card for a vehicle stop?
Signup and view all the answers
What does an officer need to establish in order to perform a 'Terry' stop?
Signup and view all the answers
What is the first level of police/citizen contact called?
Signup and view all the answers
During a 'Terry' stop, what must a citizen do when asked by the officer?
Signup and view all the answers
When can an officer conduct a frisk during a 'Terry' stop?
Signup and view all the answers
What must happen after a 'Terry' stop if reasonable suspicion is found to be unfounded?
Signup and view all the answers
What level of police/citizen contact involves an officer needing probable cause?
Signup and view all the answers
What is NOT sufficient for an officer to use as probable cause for an investigatory stop?
Signup and view all the answers
Which case established the framework for 'Terry' stops?
Signup and view all the answers
What must an officer refrain from during an enforcement stop to ensure vital indicators are not overlooked?
Signup and view all the answers
Which of the following is true regarding the handcuffing of charged and pregnant offenders?
Signup and view all the answers
What is considered an 'exigent circumstance' during an enforcement stop?
Signup and view all the answers
What approach should an officer take to avoid engaging in illegal profiling?
Signup and view all the answers
What does the procedure for completing a Contact Card require regarding multiple vehicles stopped in a single incident?
Signup and view all the answers
Why is awareness critical for law enforcement officers during stops?
Signup and view all the answers
What is the importance of explaining the reason for a stop to a detained citizen?
Signup and view all the answers
What aspect must an officer focus on to conduct a frisk legally?
Signup and view all the answers
Study Notes
Investigatory Stops
- Investigatory stops must be supported by specific facts that articulate a reasonable suspicion that an individual is armed and dangerous.
- If a frisk is conducted, the officer must be able to articulate specific facts that led them to believe the individual could be armed and dangerous.
- The law prohibiting the handcuffing of charged and pregnant offenders does not apply to original arrests or detainments, even if there is a warrant or capias, unless the offender has been previously processed and booked, e.g., is out on bond.
- No law enforcement agency should condone or promote the use of any illegal profiling system in its enforcement program.
- An officer whose enforcement stops are based on race or ethnicity is engaged in a practice which undermines legitimate law enforcement and may face claims in Federal courts of civil rights violations.
- To focus on a single segment of society is to limit enforcement efforts.
- Awareness is the key to success in criminal interdiction.
- Observations must be evaluated in the aggregate – not isolation.
- An officer must use all senses while avoiding the development of tunnel vision.
- An important factor to remember when conducting an enforcement stop is to take the time to do it right. Do not rush through the stop or an important indicator of illegal activity may be missed.
- Except in exigent circumstances, when a citizen is stopped or detained and then released as part of an investigation, the officer will explain to the citizen in a professional, courteous manner why he or she was stopped or detained.
- For the purpose of the above sentence, the term “exigent circumstances” refers only to those conditions occurring after the stop had been made which, for safety reasons, would make it unreasonable for the officer to remain at the scene of the stop to explain the basis for the stop.
Completing a Form 534, Contact Card
- Contact Cards must be completed in Axon Records.
- A Contact Card must be completed any time an officer stops a motor vehicle or conducts an inquiry of individuals in a stopped motor vehicle.
- When more than one vehicle is stopped as a result of a single incident (same CAD number), officers will note the vehicle identifier number (#2, #3, #4, etc.) on the vehicle card.
- A Contact Card is required in addition to any other documentation of the incident (e.g., Form 527, Arrest Report, NTA, MUTT).
- A Contact Card must be completed for any vehicle passenger or pedestrian detention which meets the definition of a “Terry” stop unless the stop results in an arrest or citation.
- An officer may complete a Contact Card for any consensual citizen contact when the officer believes completing the card will provide intelligence information and the information is provided voluntarily by a citizen.
- When completing a Contact Card, and while the subject is still in their presence, officers will:
- Determine if the subject is wanted by checking the computer system: RCIC, NCIC, and LEADS.
- Record all pertinent information on the Contact Card: social security number, driver's license number, vehicle license number, etc.
- Ensure the MUTT, NTA and CAD numbers are entered on the Contact Card.
- The initiating officer will note on the Contact Cards pertaining to violations of the “stay-away order” and forward them to the Probation Department.
Police/Citizen Contact Levels
- There are three levels of police/citizen contact.
- Consensual encounter: A police officer may approach any person in a public place and request to talk to him. So long as the person is free to leave whenever he wants, no Fourth Amendment seizure has occurred, and no reasonable suspicion or probable cause is required.
- "Terry" type encounter: The officer has reasonable suspicion to believe the citizen is committing or has committed a crime. Based on this reasonable suspicion, the officer may forcibly stop and detain the citizen for a brief investigatory period. Although a citizen is required to properly identify oneself during the stop, failure to answer investigatory questions asked by the officer cannot provide the justification for detaining a person past the period necessary to complete the brief "Terry" type investigation. Once the reasonable suspicion is determined to be unfounded, the citizen must be released.
- Arrest: The citizen is no longer free to leave and the officer has the intent to arrest. The arrest must be supported by probable cause to believe the citizen is committing or has committed a criminal offense.
- Information or descriptions resulting from anonymous tips is not sufficient probable cause to stop and search individuals.
- Officers must carefully develop reasonable suspicion in cases involving anonymous tips.
- Officer’s observations while on the scene, securing more complete information from the anonymous caller, and other circumstances which would tend to support the information received are all ways that officers can use to articulate reasonable suspicion allowing a “Terry” stop.
- Every "Terry" type stop does not automatically authorize a frisk.
Police/Citizen Contact - Levels
- A consensual encounter is when a police officer approaches and requests to speak with someone in a public place. No suspicion level is required in this scenario, and the person is free to leave whenever they choose.
- A "Terry" type encounter is a brief investigatory stop, meaning the officer has reasonable suspicion the person is committing or has committed a crime.
- Reasonable suspicion can be based on information from an anonymous tip, officer observations, or acquiring further information from the caller.
- The citizen must identify themselves during this stop however, failure to answer investigatory questions does not justify detaining them longer than needed for the investigation.
- Once the reasonable suspicion is deemed unfounded, the citizen must be released.
- An arrest occurs when a person is no longer free to leave and the officer has the intent to arrest. Probable cause is required, meaning the officer believes the person is committing or has committed a criminal offense.
Investigatory Stops
- Terry v. Ohio (1968) established the legal standard for reasonable suspicion in investigatory stops.
- Florida v. J.L. (2000) concluded that anonymous tips alone are not enough for probable cause to stop and search individuals.
- Hiibel v. Sixth Judicial District Court of Nevada (2004) affirmed an officer's right to request identification during an investigative stop.
- Ohio Revised Code 2921.29 - Failure to Disclose Personal Information addresses the requirement for individuals to provide their personal information, as required by law.
- A "Terry" type stop does not automatically authorize a frisk. To legally frisk, an officer must have specific facts which led them to believe the individual could be armed and dangerous.
Law Enforcement Policies and Procedures
- No law enforcement agency should condone or promote illegal profiling.
- When conducting an enforcement stop, take the time to do it right. Do not rush, as key indicators of illegal activity can be missed.
- Except for exigent circumstances, provide a professional explanation to the citizen why they were stopped or detained if they are released.
- Exigent circumstances refer to dangerous situations requiring immediate action, which make providing an explanation unreasonable.
Documentation
- Complete a Form 534 (Contact Card) in Axon Records, any time an officer stops a motor vehicle or inquires with someone in a stopped vehicle.
- When multiple vehicles are stopped due to the same incident, note the vehicle identifier number on the card.
- A Contact Card is required in addition to other documents, such as Arrest Reports, NTAs, or MUTTs.
- A Contact Card is required for any vehicle passenger or pedestrian detention that is a "Terry" stop unless the stop leads to an arrest or citation.
- An officer may complete a Contact Card for consensual citizen contact if completing the card will provide useful intelligence information, and the information is shared voluntarily.
- While the subject is present, check the computer system for warrants (RCIC, NCIC, and LEADS).
- Record all pertinent information on the Contact Card, including the subject's social security number, driver's license number, vehicle license number, etc.
- Ensure the MUTT, NTA, and CAD numbers are entered on the Contact Card.
- The initiating officer must note on the Contact Card when a violation of a “stay-away order” occurred and forward them to the Probation Department.
- The law prohibiting handcuffing of charged and pregnant offenders does not apply to original arrests or detainments, even with a warrant or capias, unless the offender has been previously processed and booked.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Related Documents
Description
This quiz explores the principles and legal standards surrounding investigatory stops in law enforcement. It covers topics such as reasonable suspicion, the rights of individuals during stops, and the importance of non-discriminatory practices in policing. Understanding these guidelines is crucial for effective and fair law enforcement practices.
