Traffic Stop Procedure

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Questions and Answers

What is required to stop a vehicle?

A warrant

Probable cause of a traffic offense (correct)

Permission from the driver

Reasonable suspicion of a crime and probable cause of a traffic offense

What can an officer do without further justification during a traffic stop?

Request an opportunity to inspect license and registration (correct)

Arrest the driver

Impound the vehicle

Search the vehicle

What was the ruling in Maryland v. Wilson (1997)?

Officers may order a passenger out of a car during a car stop (correct)

Officers cannot order a passenger out of a car during a car stop

Officers must arrest the driver before searching the vehicle

Officers must have a warrant to search the vehicle

What is the standard for extensions of traffic stops?

Reasonableness in light of the totality of the circumstances Signup and view all the answers

What is considered in determining the reasonableness of asking a driver for consent to search?

Knowledge of the right to refuse consent Signup and view all the answers

What can an officer inspect during a traffic stop?

The exterior and interior of the vehicle Signup and view all the answers

What is the primary purpose of a hot pursuit search?

To ensure the safety of the public and the officer Signup and view all the answers

What is required for a legal consent search?

A voluntary consent from a person with legal possession and right of access Signup and view all the answers

Why might an officer's actions render a consent search invalid?

If the officer makes the request to search appear to be a demand Signup and view all the answers

What is the scope of a consensual search?

Anywhere the consenting party agrees to search Signup and view all the answers

What should an officer do if they are doubtful about the authority of a person to give consent to search?

Get a warrant Signup and view all the answers

What is the justification for a vehicle inventory search?

A lawful arrest and a search for evidence Signup and view all the answers

What is the primary concern in a hot pursuit search?

Preventing escape and ensuring safety Signup and view all the answers

What is the significance of U.S. v. Drayon (2002)?

It established that there is no requirement for a warning of right to refuse consent Signup and view all the answers

What is the significance of U.S. v. Mancias (2003)?

It established the definition of coercive atmosphere for acceptance of consent to search Signup and view all the answers

What happens if a consenting party withdraws their consent during a search?

The search must end immediately Signup and view all the answers

What is the justification for the Motor Vehicle Exception to the Fourth Amendment?

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

Where can the search be conducted under the Motor Vehicle Exception?

Anywhere in the vehicle where the weapons, evidence or contraband for which the officer has probable cause could be hidden Signup and view all the answers

What is the basis for considering inventories as part of the routine Arrest and Booking process?

Legal custodial arrest and department policy requiring itemization of property Signup and view all the answers

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

All containers in a vehicle are subject to search, as long as the item(s) sought could reasonably be in the container Signup and view all the answers

What may be seized under the plain view doctrine during an inventory?

Weapons, evidence, and contraband Signup and view all the answers

Can a body search of a passenger be justified under the Motor Vehicle Exception?

No, a body search of a passenger is not justified under the Motor Vehicle Exception Signup and view all the answers

What is the justification for a search under the Emergency (Exigent) Circumstance?

Probable cause that an emergency exists Signup and view all the answers

What is the limitation on inventories imposed by the courts in a jurisdiction?

The limits imposed by the courts in a jurisdiction and the agency's inventory policy Signup and view all the answers

What is the scope of a search under the Emergency (Exigent) Circumstance?

Entry to a protected area to seize endangered weapons, evidence or contraband, or to render aid Signup and view all the answers

Where can an inventory search be conducted during the Booking process?

Anywhere on the person of the suspect and in personal property they may be carrying Signup and view all the answers

Can a search for evidence in a protected area be justified without a warrant?

No, a warrant is required unless an exigency exists Signup and view all the answers

What is the purpose of checkpoints to detect drunk drivers?

To check motorists for signs of drunk driving and to check license, insurance, and registration Signup and view all the answers

What was eliminated in the City of Indianapolis v. Edmond (2000) case?

Random car stops for the general purpose of narcotics detection or other general crime control purposes Signup and view all the answers

What is the ruling in State v. McNeely (2012)?

The destruction of evidence, by itself, does not constitute enough of an exigency to allow the warrantless taking of blood for DWI/DUI testing Signup and view all the answers

What is required for a warrantless taking of blood for DWI/DUI testing?

Exigent circumstances, such as the need to investigate an accident and the need to see to the care of the victims Signup and view all the answers

What is the primary purpose of a DWI checkpoint?

To check motorists for signs of drunk driving Signup and view all the answers

Who can lawfully take a blood sample for DWI/DUI testing?

Only competent medical personnel Signup and view all the answers

What is the application of information from the preceding objectives in preparation for an objective?

Application of information from the preceding objectives Signup and view all the answers

What is the outcome if damage results from breaking into a locked container in order to inventory its contents?

The officer or the agency may be required to pay for the damage Signup and view all the answers

What is the scope of the search during an inventory of a vehicle?

Anywhere in the vehicle, as defined by the department policy Signup and view all the answers

Study Notes

Vehicle Stops and Searches

To stop a vehicle, officers must have probable cause of a traffic offense or reasonable suspicion of a crime.
Officers may request the driver to exit the vehicle, inspect the exterior and interior of the vehicle, and ask questions regarding the reason for the stop.
Officers may also inspect the Vehicle Identification Number (VIN) and make entries necessary to clear the view of the VIN tag.

Passenger Searches

Officers may order a passenger out of a car during a traffic stop in addition to the driver (Maryland v. Wilson, 1997).
Officers may ask consent to search a vehicle during or after a traffic stop, but absent justification, there has been some disagreement over the reasonableness of asking a driver for consent authority to search (Ohio v. Robinette, 1996).

Motor Vehicle Exception to the Fourth Amendment

Justification for a Motor Vehicle Exception search includes probable cause that particular evidence of a particular crime is in the mobile vehicle at the time.
Scope of the search is defined as anywhere in the vehicle where the weapons, evidence, or contraband for which the officer has probable cause could be hidden.
This includes the passengers' property left in the vehicle.

Emergency (Exigent) Circumstances

Justification for an exigent circumstance search requires probable cause that an emergency exists.
Scope of the search is limited to entry to a protected area to seize endangered weapons, evidence, or contraband, or to render aid.

Hot Pursuit

Hot pursuit is a situation where an officer is pursuing a person they have probable cause to believe is armed and has just committed a serious crime.
Officers may, without a warrant, enter a building in hot pursuit of a felony suspect who they believe is not armed but will destroy or conceal evidence if not apprehended immediately.

A legal consent search must be voluntary, come from a person who is in legal possession of the area, with right of access and exclusion, and the consenting person must be aware of what they are doing.
The officer should give a notice to the person that they do not have to consent to a search and that if they do consent, any evidence found may be used in a criminal prosecution.

Vehicle Inventory Searches

Justification for a Vehicle Inventory Search hinges on a lawful arrest and the presence of a vehicle associated with that arrest.
Scope of the search includes anywhere in the vehicle where items of value might be stored, and personal property located in the vehicle, for items of value.

Checkpoints

The US Constitution permits highway checkpoints to detect drunk drivers and to check motorists' license, insurance, and registration.
Roadblocks to check motorists' immigration status and to obtain information from motorists about particular recently committed crimes are also permitted.

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Description

This quiz covers the procedures and guidelines for law enforcement officers when stopping a vehicle, including probable cause, reasonable suspicion, and permitted actions during a stop.