Police Procedure: Vehicle Stops and Traffic Laws

94 Questions

What is the minimum requirement for an officer to stop a vehicle?

Reasonable suspicion of a violation of the vehicle and traffic laws

What constitutes a seizure under the Fourth Amendment?

The temporary detention of individuals during a vehicle stop

What is an invalid reason for an officer to stop a vehicle?

To check the status of the defendant's driver's license

What is a valid reason for an officer to stop a vehicle?

The car's tag light is hanging down and obstructing the view of the license plate

What is necessary for an officer to articulate in order to justify a vehicle stop?

Facts that support his or her suspicions

What is the result of stopping a vehicle without a valid reason?

The suppression of any evidence obtained during the stop

What is an example of a legitimate reason to stop a vehicle?

The tag light on the vehicle was hanging down and obstructing the view of the license plate

What is the purpose of requiring an officer to articulate facts supporting a vehicle stop?

To ensure the stop is based on a reasonable suspicion or probable cause

What is the reason a cracked windshield justifies a stop of a vehicle?

If the crack renders the vehicle in such unsafe condition as to endanger any person or property

Can a vehicle be stopped solely because it was bright green when its registration was described as blue?

No, it is not a valid reason for a stop

What is the similarity between searches of watercraft and searches of automobiles?

Both can be conducted under the same circumstances that would justify a search of an automobile

When can a warrantless search of a mobile home be conducted?

When it is being used for transportation

What is the basis for the ruling in U.S.v.Jones, 565 U.S. 400 (2012)?

The installation of a GPS device is a search within the meaning of the Fourth Amendment

What is the purpose of a police roadblock or checkpoint?

To remove drunk drivers from the road and enforce other traffic safety laws

What is the average delay for motorists at a checkpoint?

25 seconds

What is the interest of the state in implementing checkpoints?

To eliminate drunken driving

What is the condition for conducting a warrantless search of a mobile home?

When it is being used for transportation and is in a public place

What is the consideration for determining whether a mobile home is being used for transportation or as a residence?

The location of the mobile home

What was the primary purpose of the checkpoint in Illinois v. Lidster?

To ask for the help of the public in providing information about a crime

What did the Court rule in Campbell v. State?

Any roadblock or checkpoint must be conducted pursuant to written guidelines issued prior to its operation

What was the outcome of the City of Indianapolis v. Edmond case?

Roadblocks conducted for the primary purpose of uncovering evidence of ordinary criminal wrongdoing violate the Fourth Amendment

What is the significance of the 'primary purpose' of a roadblock in determining its constitutionality?

The primary purpose is the determining factor in whether the roadblock is constitutional or not

What is the exception to the general rule that roadblocks cannot be conducted for the primary purpose of uncovering evidence of ordinary criminal wrongdoing?

If exigent circumstances are present

What is the significance of written guidelines in conducting a roadblock?

Written guidelines are required for any roadblock or checkpoint

What was the outcome of the Davis v. State case?

The court struck down the checkpoint because it was designed to target illegal drug activity

What is the difference between a roadblock conducted for the primary purpose of uncovering evidence of ordinary criminal wrongdoing and one conducted for highway safety purposes?

The primary purpose of the roadblock determines its constitutionality

What is the significance of the fact that motorists could plainly see all vehicles were being stopped in a roadblock?

It diminishes the subjective intrusion of the roadblock

What was the outcome of the Campbell v. State case in relation to the requirement of written guidelines?

The court ruled that written guidelines are required for roadblocks

In Whren v. U.S. (1996), what reason can a police officer use to stop a vehicle?

To investigate a traffic infraction

After a valid stop, what can a police officer require the driver to do?

To produce license, registration, and insurance card

What must a police officer have before frisking the driver or occupants?

Reasonable suspicion that they are armed

What is the result of a police officer discovering criminal conduct during a traffic stop?

The officer can detain the driver and occupants further

Under what circumstances can an officer search the passenger compartment of a vehicle incident to arrest?

If it is reasonable to believe the vehicle contains evidence of the offense of arrest or the arrestee is within reaching distance of the passenger compartment

What can a police officer do with respect to passengers in a vehicle?

Open the passenger door and order them out

What is the result of an alert by a drug-sniffing dog in a vehicle search?

It provides probable cause to search only the vehicle and its driver

Under what circumstances can a police officer pat-down a passenger during a traffic stop?

When the passenger is armed and dangerous

What is the 'automobile exception' to the warrant requirement?

A police officer can search a vehicle without a warrant if there is probable cause

What is required to establish probable cause for a search of a vehicle?

A tip from a confidential informant with known veracity and observation of suspicious behavior

Under what circumstances can an officer search a vehicle without a warrant?

Only if the driver is arrested and the vehicle is searched incident to the arrest

What can a police officer search in a vehicle?

The entire vehicle, including the trunk, locked or unlocked containers, and locked glove compartment

What is the result of a police officer asking for identification from a driver after determining the validity of a traffic infraction?

The request is invalid if the officer has already determined the validity of the traffic infraction

What is the result of a search incident to arrest of a passenger compartment when the arrestee is already handcuffed and placed in the back of a patrol car?

The search is not valid because the arrestee is no longer capable of accessing the passenger compartment

What is the exception to the rule that an officer cannot search a vehicle incident to arrest for a traffic violation?

If the crime of arrest can yield physical evidence

What is the holding of the Florida Supreme Court in Presley v. State (2017)?

A police officer can detain a vehicle's passengers and prevent them from leaving the scene for the reasonable duration of a traffic stop

Under what circumstances can an officer search a vehicle without a warrant if the driver is arrested?

If the officer has probable cause to believe the vehicle contains evidence of the crime

What is required to establish probable cause for a search of a vehicle when the driver is arrested?

A tip from a confidential informant with known veracity and observation of suspicious behavior

What is the result of a search of a vehicle when the officer has probable cause to believe the vehicle contains evidence of a crime?

The search is valid and the officer can search the vehicle and its occupants

What is the exception to the rule that an officer cannot search a vehicle without a warrant?

If the officer has probable cause to believe the vehicle contains evidence of the crime

When can an officer conduct a search incident to a citation?

Never, as it is not within the scope of a search incident to an arrest

What is required for an officer to conduct a search of a vehicle's passenger compartment?

Probable cause to believe the vehicle contains evidence of a crime

Under what circumstances can an officer conduct a search of a vehicle's trunk?

When the officer has probable cause to believe the vehicle contains evidence of a crime

What is the result of an officer conducting a legal stop of a vehicle and having reasonable suspicion that the vehicle contains a weapon?

The officer can frisk the occupants and conduct a search of the passenger compartment

What is required for an officer to conduct a valid warrantless search of a vehicle?

Probable cause to believe the vehicle contains evidence of a crime

What is an exception to the requirement of obtaining a warrant before searching a vehicle?

When the driver voluntarily consents to the search

Under what circumstances can an officer conduct a search of a rental car?

When someone in otherwise lawful possession and control of the rental car has a reasonable expectation of privacy

What is the purpose of an inventory search?

To document the contents of the vehicle after an arrest

What is required for an officer to conduct a valid inventory search of a vehicle?

The search must be conducted in good faith pursuant to local police procedures

What is the result of an officer conducting a search of a vehicle without a valid reason?

The search is invalid and any evidence obtained will be suppressed

What is the consequence if the State fails to introduce any evidence that an inventory search was conducted pursuant to standardized procedures?

The contraband found will be suppressed.

What is the requirement for an officer to impound a lawfully parked vehicle?

The vehicle must be in danger of creating a hazard to the public or of being lost or stolen.

What is the result if an officer has no authority to stop a car, and the 'plain view' theory for a warrantless search is used?

The 'plain view' theory will be rejected by the courts.

What is the ruling in Ohio v. Robinette (1996)?

Police are not required to tell a lawfully stopped motorist that they are legally free to go before asking for consent to search.

What is the result of an officer's continued questioning of a defendant after issuing a citation, before asking for consent to search?

The consent to search may not be voluntary.

Under F.S. §933.19, who may make searches and seizures of vehicles carrying contraband?

Any duly authorized and constituted bonded officer of the state exercising police authority.

What is the ruling in Wyoming v. Houghton (1999)?

Police officers with probable cause to search a car may inspect the passengers' belongings, found in the car, that are capable of concealing the object of the search.

What is the result if law enforcement officers have ample time to obtain a search warrant for a motor vehicle, but do not do so?

They are not required to obtain a search warrant.

What is the ruling in Collins v. Virginia (2018)?

A partially enclosed section of a driveway where a motorcycle was parked constitutes curtilage protected by the Fourth Amendment.

What is the result if an officer looks into the interior of a vehicle without a search warrant?

It is not considered a 'search' under the Fourth Amendment.

What is the minimum requirement for police to seize a vehicle suspected of being involved in drug trafficking?

Having probable cause

In what circumstances can a warrantless breath test be required of a person arrested for DUI?

As a search incident to arrest

What is the key distinction between a breath test and a blood test in DUI cases?

The physical intrusion required

What is the effect of a driver's unconsciousness or stupor on the requirement for a warrant for a blood test in a DUI case?

A warrant is not required if the driver is unconscious or in a stupor

What is the significance of the location where a breath test is administered?

It is irrelevant to the constitutionality of the test

What is the result of a police officer conducting a DUI investigation outside of their jurisdiction?

The investigation is invalid as an out-of-jurisdiction officer

What is the significance of a uniformed officer conducting a citizen's arrest for DUI?

It is a valid arrest for a breach of the peace

What is the result of a warrantless blood test being ordered without the driver's consent?

It is unconstitutional

What is the key distinction between a breath test and a blood test in terms of the information obtained?

A blood test reveals more information than a breath test

What is the significance of a driver's embarrassment or humiliation in the context of a breath test?

It is not a significant concern in the context of a breath test

What is required to establish probable cause to search a vehicle based on a dog sniff?

The training and certification records of the dog and its handler

Under what circumstances can a police officer conduct a canine search of a vehicle?

During a lawful traffic stop, without extending the duration of the stop

What is the result of a reliable dog sniff during a traffic stop?

Probable cause to search the vehicle

Can a police officer conduct a canine search of a vehicle parked in a public place?

Yes, without a valid reason or warrant

What is the significance of the Illinois v. Caballes case?

It allowed police to conduct a canine search of a vehicle during a lawful traffic stop

What is the requirement for a police officer to establish probable cause to search a vehicle based on a dog sniff?

The officer must present evidence concerning the dog's reliability and training

What is the result of a canine search of a vehicle that does not begin until after a citation is issued and the purpose of the traffic stop is completed?

A violation of the Fourth Amendment

Under what circumstances can a police officer extend a traffic stop to conduct a dog sniff?

Absent reasonable suspicion that there is contraband in the vehicle

What is the main idea behind the 'Caretaker Doctrine'?

The police may act to help the public, even if it means not following standard procedures.

What is the key factor in determining the admissibility of evidence found during a 'Caretaker Doctrine' action?

The reasonableness of the officer's actions

In what situation did the officers' actions in Vitale v. State (2007) fall under the 'Caretaker Doctrine'?

In response to an anonymous phone call about a person in danger

What was the outcome of the Ortiz v. State (2009) case regarding the 'Caretaker Doctrine'?

The officer's actions were deemed reasonable and the evidence was admissible.

What is a key difference between the 'Caretaker Doctrine' and a traditional arrest or search?

The 'Caretaker Doctrine' does not require probable cause, while a traditional arrest or search does.

What is an example of a situation where the 'Caretaker Doctrine' might apply?

A police officer responding to a call about a person who is unconscious in their vehicle

What is the significance of the 'Caretaker Doctrine' in terms of police actions?

It provides an exception to the warrant requirement, allowing police to take certain actions without a warrant.

What is the relationship between the 'Caretaker Doctrine' and the Fourth Amendment?

The 'Caretaker Doctrine' is an exception to the Fourth Amendment's protections.

Study Notes

Vehicle Stops and Searches

An officer can stop a vehicle if there is a suspected violation of vehicle and traffic laws or if there is a reasonable suspicion that the car's occupants have been, are, or are about to engage in conduct that violates the law.
The officer must be able to articulate facts that support their suspicions and cannot base a stop on idle curiosity or a "gut" feeling.
Stopping a car when it matches the description of a vehicle used in a crime or when the occupants fit a description of perpetrators of a crime is a sufficient reason for a stop.

Roadblocks and Checkpoints

Police can stop vehicles when using an official police roadblock or checkpoint to remove drunk drivers from the road or enforce other traffic safety laws.
Roadblocks and checkpoints must be conducted pursuant to written guidelines issued prior to their operation.
The primary purpose of a roadblock or checkpoint must be administrative, such as ensuring highway safety, rather than general crime control.

GPS Tracking

The installation of a GPS tracking device and the subsequent use of that device to monitor the vehicle's movements constitutes a "search" within the meaning of the Fourth Amendment.
A warrant is required to install a GPS tracking device, unless exigent circumstances are present.

Pretext Stops

An officer can use a traffic infraction as a justification to stop a vehicle, even if they are really interested in searching the car for a more serious crime.

Procedure After a Valid Stop

Once a police officer makes a valid stop of an automobile, they can take a number of actions, including:
- Approaching the vehicle with their gun drawn if they have reason to believe that the occupants are armed and dangerous.
- Ordering the driver to turn off the ignition and step out of the car.
- Requesting the driver's license, registration, and insurance card.
- Frisking the driver or other occupants if they have a reasonable suspicion that they are armed.
- Detaining the driver or other occupants if they discover criminal conduct or if the driver or passengers consent to further detention.

Treatment of Passengers

An officer can open the passenger door and order the passengers out of the vehicle.
An officer can request identification from passengers.
An officer may pat-down a passenger during a traffic stop if there is a reasonable suspicion to believe the passenger may be armed and dangerous.

Search of Automobile

A police officer can search an automobile for a variety of reasons, including:
- Probable cause to believe that the automobile contains contraband, a weapon, or evidence of a crime.
- Incident to a lawful arrest, if the arrestee is within "reaching distance" of the passenger compartment at the time of the search, or if it is reasonable to believe the vehicle contains evidence of the offense of arrest.
- If the officer has reasonable suspicion that the vehicle contains a weapon, they may frisk the occupants and conduct a search of the full passenger compartment.### Reasonable Suspicion and Search
An officer's reasonable suspicion based on the stop's location, time, and defendant's behavior can justify a search.
The officer's experience and observation of furtive movements can contribute to reasonable suspicion.

A driver's voluntary consent to search their vehicle is permissible as long as the scope of the search is established prior to consent.
Containers can be opened without being damaged in a consent search.
Officers should not place the subject in a situation where it is impossible to withdraw consent.

Inventory Search

An inventory search of a vehicle can be conducted after an arrest, following standardized local police procedures.
The search must be conducted in good faith and not as a pretext for investigating suspected criminal activity.
If the State fails to introduce evidence of standardized procedures, any contraband found will be suppressed.

Impoundment of Vehicle

The mere fact of arrest does not justify the impoundment of a legally parked vehicle.
There must be circumstances indicating that the vehicle is in danger of creating a hazard to the public or of being lost or stolen.

Plain View

An officer can seize contraband in open view in an automobile from a lawful vantage point.
If the officer had no authority to stop the car, the "plain view" theory will be rejected.

Police are not required to tell a lawfully stopped motorist that they are legally free to go before asking for consent to search.
However, it is recommended to write a ticket or give a warning and return the driver's property before asking for consent.

###Searches and Seizures

Under F.S.§933.19, searches and seizures of vehicles carrying contraband or illegal intoxicating liquors or merchandise may be made by authorized bonded officers.

Passenger Belongings

With probable cause to search a car, police officers may inspect passengers' belongings in the car that are capable of concealing the object of the search.

Curtilage and Automobile Search

A partially enclosed section of a driveway where a motorcycle is parked constitutes curtilage protected by the Fourth Amendment.
The automobile exception does not permit an officer to enter the curtilage without a warrant to search the motorcycle.

Narcotics Detection

A well-trained narcotics detection dog can sniff the exterior of a vehicle during a lawful traffic stop without a reasonable, articulable suspicion of criminal activity, as long as it does not extend the duration of the stop (Illinois v. Caballes, 543 U.S. 405, 2005).
Police may not extend an otherwise completed traffic stop to conduct a dog sniff, absent reasonable suspicion that there is contraband in the vehicle (Rodriguez v. U.S., 575 U.S. _, 2015).
An alert from a reliable dog can establish probable cause to search a vehicle (Florida v. Harris, 566 U.S. 904, 2013).

Reliability of a Dog

To establish probable cause, the State must present:
- Training and certification records
- Explanation of the training and certification
- Field performance records
- Evidence concerning the experience and training of the officer handling the dog
- Other objective evidence known to the officer about the dog's reliability (Harris v. State, 71 So.3d 756, 2011)

Seizure of Vehicles

Police can seize a vehicle without a warrant if they have probable cause to believe it is contraband subject to civil forfeiture, whether the acts giving rise to the probable cause happened contemporaneously or at some point in time before the seizure (Florida v. White, 526 U.S. 559, 1999).

A person arrested for DUI can be required to submit to a warrantless breath test to determine blood alcohol content (BAC) as a search incident to arrest (Birchfield v. North Dakota, 579 U.S. _, 2016).
The physical intrusion of a breath test is minimal, and the process is not significantly intrusive.
Blood tests, however, are a different matter, requiring piercing the skin and extracting a part of the subject's body, and therefore, a search warrant must be obtained before blood may be drawn.

Caretaker Doctrine

The "Caretaker Doctrine" allows police to act in non-adversarial ways to help the public, rendering assistance to individuals in need or providing protection for the rights and property of members of the general public.
The doctrine applies to certain acts performed by police to secure a suspect's rights or property, and evidence found during such acts will be admissible.
Examples of the "Caretaker Doctrine" include:
- Vitale v. State, 946 So. 2d 1220, 2007: officers responded to a "code 3" and found a person slumped over the wheel, and their actions were a reasonable response to an apparent medical emergency.
- Ortiz v. State, 24 So.3d 596, 2009: a deputy drove a child home from an after-school program and entered the house when the child indicated his parents were probably home, but did not respond.

Learn about the guidelines for officers when stopping vehicles and interacting with suspects in automobiles, including the required articulation of facts to support suspicions. Legal Guidelines #15 thru #18

Make Your Own Quizzes and Flashcards

Convert your notes into interactive study material.