Law Enforcement: Frisk and Search

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Questions and Answers

What is the primary purpose of a frisk?

To protect the police officer and third parties

What was the main question posed in the Terry v. Ohio (1968) case?

Is a frisk considered a 'reasonable search'?

What is the scope of a frisk in terms of what can be searched?

Only areas where weapons may be hidden

What is the main concern of the courts regarding a frisk?

Protecting the citizen's right to be left alone Signup and view all the answers

What is a 'plain feel' seizure of contraband or evidence?

A seizure of contraband or evidence that is discovered through touch Signup and view all the answers

What can an officer do while detaining a suspect with a container when a frisk of the container does not seem reasonable?

Frisk the suspect, but not the container Signup and view all the answers

What was the Supreme Court case that held that a police officer can stop a suspect on the street and frisk them without probable cause to arrest?

Terry v. Ohio Signup and view all the answers

What is the purpose of a frisk, according to the law?

To detect weapons only Signup and view all the answers

What is required for a police officer to justify a stop and frisk?

Reasonable suspicion Signup and view all the answers

What is the difference between a stop and an arrest?

A stop requires reasonable suspicion, an arrest requires probable cause Signup and view all the answers

What is the scope of a frisk when it comes to a vehicle?

A pat-down of the areas of the vehicle immediately accessible to the detained party Signup and view all the answers

What is the definition of reasonable suspicion?

A reasonable prudent person's belief that his safety or that of others is in danger Signup and view all the answers

What is the purpose of a 'plain feel' seizure?

To ensure officer safety Signup and view all the answers

What is the difference between a frisk and a search incident to arrest?

A frisk is a pat-down for weapons only, a search incident to arrest is a full search Signup and view all the answers

What is the standard for a police officer to justify a stop and frisk?

Reasonable suspicion Signup and view all the answers

What is the purpose of the Terry stop?

To protect police officers from armed suspects Signup and view all the answers

What is the primary purpose of a frisk during a detention?

To prevent injury or death of the officer Signup and view all the answers

Under what circumstances can an officer search a container?

If a weapon-like object is felt during a squeeze Signup and view all the answers

What is required for a search warrant to be valid?

Probable cause that a crime was committed Signup and view all the answers

What is the purpose of the 'Open Fields' doctrine?

To allow observation of weapons, evidence, or contraband in non-curtilage areas Signup and view all the answers

What is the purpose of the 'Plain View' doctrine?

To allow seizure of evidence or contraband found in the performance of other duties Signup and view all the answers

What is the limitation on searches incident to execution of a search warrant?

Limited to items named in the warrant and contraband Signup and view all the answers

What is required for a stop and frisk to be valid?

Reasonable suspicion for the detention and additional reasonable suspicion that the person is armed Signup and view all the answers

What is the purpose of a search by private persons?

To allow evidence and contraband to be used in court Signup and view all the answers

When can an officer move a container away from a detained person?

During the detention, until the detention is terminated Signup and view all the answers

What is the limitation on the scope of a search of a motor vehicle?

Limited to a search for weapons only Signup and view all the answers

What is the primary purpose of an inventory search?

To assure security of personal effects of arrested party Signup and view all the answers

When can an officer search a locked container during an inventory search?

If the officer uses minimum force required to open it Signup and view all the answers

What is the requirement for searching a closed but not locked container during an inventory search?

No special requirement, search is authorized Signup and view all the answers

What is the primary consideration when searching a vehicle during an inventory search?

The department policy Signup and view all the answers

What is the purpose of searching a vehicle during an inventory search?

To locate items of value Signup and view all the answers

What is the limitation of searching a person during an inventory search?

Only items accessible to the suspect can be searched Signup and view all the answers

What is the main purpose of a frisk?

To search for weapons only Signup and view all the answers

What is required for a Section 210 search of a person?

Probable cause for arrest Signup and view all the answers

What is the purpose of a Protective Sweep?

To assure that no accomplices who may pose a danger to the officer are hiding in the premise Signup and view all the answers

What is required for a Section 211 search of a vehicle?

Probable cause that particular evidence of a particular crime is in a mobile vehicle Signup and view all the answers

What is the Emergency (Exigent) Circumstance?

To prevent destruction of evidence or contraband before a search warrant may be obtained Signup and view all the answers

What is required for a Consent search?

Voluntary consent from a person with legal possession of the area Signup and view all the answers

What is the scope of a Section 210 search of a person's vehicle?

The entire vehicle and immediately accessible personal property Signup and view all the answers

What is the purpose of a Section 210 search of a person's immediate surroundings?

To prevent injury or death of the officer and to prevent destruction of evidence Signup and view all the answers

What is the limitation of a frisk?

It cannot take any longer than it would reasonably take to decide whether or not an item is a weapon Signup and view all the answers

What is the scope of a Protective Sweep?

The area within the person's immediate control Signup and view all the answers

Study Notes

Introduction to Frisk and Stop

A frisk is a limited search of a person or vehicle to ensure officer safety and detect hidden weapons.
The purpose of a frisk is not to gather evidence, but to protect the officer and others from potential harm.

Legal Justification for a Frisk

A frisk is justified if the officer has reasonable suspicion that the person is armed and involved in criminal activity.
The officer must be able to articulate the basis for the suspicion.
The frisk must be limited to a pat-down of the outer clothing for weapons only.

Circumstances for a Frisk

A frisk can be performed during a detention or traffic stop if the officer has reasonable suspicion that the person is armed.
The officer must have reasonable suspicion that the person is involved in criminal activity, has been involved, or will be involved.
Circumstances that contribute to reasonable suspicion include:
- Gang members often being armed
- Type of crime suspected includes a weapon
- Drug dealers often being armed
- Subject known to carry a weapon
- Bulky clothing capable of concealing a weapon

Scope of a Frisk

A frisk of a person is limited to a pat-down of the outer clothing for weapons only.
A frisk of a vehicle is limited to a pat-down of the areas immediately accessible to the detained party.
The search is for weapons only, not for evidence or contraband.

Plain Feel Seizure

A plain feel seizure is justified if the officer has probable cause to believe the item felt is contraband.
The officer must be able to articulate the basis for the probable cause.
The search must be limited to a pat-down of the outer clothing for weapons only.

Searching Containers

A container may be searched if the officer has reasonable suspicion that it contains a weapon.
The officer may squeeze or open the container if they feel a weapon-like object.
The officer must be able to articulate the basis for the search.

Detaining a Subject with a Container

If the officer is detaining a subject with a container and a frisk of the container does not seem reasonable, the officer may move the container away from the subject's immediate control until the detention is terminated.

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