Podcast
Questions and Answers
How do courts distinguish investigatory 'stops' from arrests?
How do courts distinguish investigatory 'stops' from arrests?
- By the presence of future interference with freedom of movement
- By the duration of the intrusion upon the sanctity of the person
- By the intention to vindicate society's interest in having its laws obeyed
- By the level of intrusion upon individual freedom (correct)
What is the purpose of an arrest?
What is the purpose of an arrest?
- To conduct a protective search for weapons
- To gather evidence of a crime
- To serve society's interest in having its laws obeyed (correct)
- To temporarily restrict an individual's freedom of movement
Why are investigative detentions considered unique and important in law enforcement activity?
Why are investigative detentions considered unique and important in law enforcement activity?
- Because they require a written warrant
- Because they involve full searches for evidence of a crime
- Because they allow for temporary stops and interviews (correct)
- Because they are accompanied by future interference with freedom of movement
According to the Fourth Amendment, which of the following is true?
According to the Fourth Amendment, which of the following is true?
In Terry v. Ohio, the United States Supreme Court addressed the circumstances in which a law enforcement officer may stop and question a suspect without consent. What did the Court consider when analyzing these circumstances?
In Terry v. Ohio, the United States Supreme Court addressed the circumstances in which a law enforcement officer may stop and question a suspect without consent. What did the Court consider when analyzing these circumstances?
What is the standard of belief required for an 'investigatory stop' to be conducted?
What is the standard of belief required for an 'investigatory stop' to be conducted?
When determining if an officer had a reasonable suspicion to support an investigative detention, what standard does the court use?
When determining if an officer had a reasonable suspicion to support an investigative detention, what standard does the court use?
What approach do officers use to determine whether they have a reasonable suspicion of legal wrongdoing?
What approach do officers use to determine whether they have a reasonable suspicion of legal wrongdoing?
What is the purpose of the protective frisk during an investigatory detention?
What is the purpose of the protective frisk during an investigatory detention?
When can an officer conduct a protective frisk of a suspect's outer clothing?
When can an officer conduct a protective frisk of a suspect's outer clothing?
What is the permissible scope of the protective frisk during an investigatory detention?
What is the permissible scope of the protective frisk during an investigatory detention?
Under what circumstances does a seizure register on the constitutional scale as a 'seizure'?
Under what circumstances does a seizure register on the constitutional scale as a 'seizure'?
What is the constitutional justification required for a lawful investigative detention?
What is the constitutional justification required for a lawful investigative detention?
What standard must the circumstances upon which officers rely meet to justify an investigative detention?
What standard must the circumstances upon which officers rely meet to justify an investigative detention?
When does a police-citizen encounter require a higher level of constitutional justification?
When does a police-citizen encounter require a higher level of constitutional justification?
What is required for a police-citizen encounter to be considered a 'seizure' under the Fourth Amendment?
What is required for a police-citizen encounter to be considered a 'seizure' under the Fourth Amendment?
What is required for a police-citizen encounter to be considered a 'mere inquiry' that does not require constitutional justification?
What is required for a police-citizen encounter to be considered a 'mere inquiry' that does not require constitutional justification?
When can a police officer conduct a protective frisk of a suspect's outer clothing?
When can a police officer conduct a protective frisk of a suspect's outer clothing?
Under what circumstances does an encounter between a citizen and an officer become a seizure?
Under what circumstances does an encounter between a citizen and an officer become a seizure?
What tactics would be considered as turning an encounter into a seizure?
What tactics would be considered as turning an encounter into a seizure?
What is the required level of constitutional justification for a police-citizen encounter to be considered a seizure?
What is the required level of constitutional justification for a police-citizen encounter to be considered a seizure?
In the case United States v. Madden, when did a seizure occur?
In the case United States v. Madden, when did a seizure occur?
During a typical traffic stop, what information may a detaining officer request from the driver?
During a typical traffic stop, what information may a detaining officer request from the driver?
When can the scope of an investigative stop expand to include a new offense?
When can the scope of an investigative stop expand to include a new offense?
What is the maximum duration of a detention during an investigative stop?
What is the maximum duration of a detention during an investigative stop?
When can a police officer continue to detain a person after the investigation of the conduct that initiated the stop has concluded?
When can a police officer continue to detain a person after the investigation of the conduct that initiated the stop has concluded?
Under what circumstances can a law enforcement officer conduct a temporary investigative detention of a person?
Under what circumstances can a law enforcement officer conduct a temporary investigative detention of a person?
What did the Supreme Court hold in Delaware v. Prouse regarding the temporary detention of motor vehicles?
What did the Supreme Court hold in Delaware v. Prouse regarding the temporary detention of motor vehicles?
Under what circumstances can a motor vehicle stop be conducted?
Under what circumstances can a motor vehicle stop be conducted?
What is the expectation of privacy in a motor vehicle compared to a home?
What is the expectation of privacy in a motor vehicle compared to a home?
What is the justification for conducting investigative detentions of vehicles?
What is the justification for conducting investigative detentions of vehicles?
What is the government interest in investigating an officer's reasonable suspicion during a motor vehicle stop?
What is the government interest in investigating an officer's reasonable suspicion during a motor vehicle stop?