166 Questions
What was the circumstance in Drayton, 536 U.S. 194 (2002)?
Officers boarded a bus and began questioning passengers
How did the officers conduct themselves during the encounter in Drayton?
They politely asked questions and left the aisle free
When must law enforcement officers provide Miranda warnings?
After an arrest or detention equivalent to arrest
What is a key characteristic of a consensual encounter?
The citizen is free to leave or terminate the encounter
What is the result of an officer's polite and quiet tone during an encounter?
The citizen is less likely to feel detained
What is the significance of the aisle being left free in Drayton?
It indicated that the passengers were free to leave the bus
What would likely lead a court to rule that a consensual encounter was actually a detention?
The officer displays a weapon.
In what case did the court rule that a consensual encounter occurred when plainclothes officers approached the defendant in an airport concourse?
U.S. v. Mendenhall
What is the consequence of knowingly and willfully providing false information to a law enforcement officer?
A misdemeanor of the first degree.
What is a factor to be considered in evaluating the totality of circumstances surrounding a stop?
The reading of the warning
What is the main factor that determines whether an individual is 'seized'?
The restraint of the individual's freedom of movement.
What would not automatically transform a consensual encounter into a seizure?
Reading a person their Miranda rights.
What constitutes a seizure under the Fourth Amendment?
An officer pulling behind a defendant's vehicle and activating his patrol car's emergency lights
What is the result of a police officer ordering a citizen to do something, such as 'stop' or 'open your hands'?
A detention.
In what circumstances is an officer's use of a spotlight alone not considered a seizure?
When the officer is ensuring the safety of the defendant
In what case did the court rule that a detention for the purpose of issuing a trespass warning is a consensual encounter?
Gestewitz v. State
What is required for an officer to ask questions or ask for a person's identification in a public place?
No specific requirement
What transforms a consensual encounter into a detention?
A pat-down search
What would be considered a show of authority?
A police officer displaying a weapon.
What is the result of a police officer retaining a citizen's property, such as a driver's license or airline ticket?
A detention.
In what case did the court find that an officer's approach and show of authority constituted a seizure of the defendant?
Hill v. State
What is the main factor that determines whether a person is 'seized' for the purpose of the Fourth Amendment?
The restraint of the individual's freedom of movement.
What constitutes a seizure when an officer orders a person to sit on the sidewalk?
A seizure
What is not a factor to be considered in evaluating the totality of circumstances surrounding a stop?
The time of day
In what case did the court find that an officer's question about a person's license was within the scope of a consensual encounter?
State v. Christman
What occurs when an officer grabs a person from behind, holds a flashlight to their face, and orders them to open their mouth?
A seizure
What is the objective test to determine if an encounter is consensual?
Whether a reasonable person would think they were free to go.
What is not a characteristic of a consensual encounter?
Involves detention
Which of the following is an example of a consensual encounter?
An officer approaching a citizen in a public place and asking if they are willing to answer some questions.
What is the purpose of understanding the limits of each type of encounter?
To be more effective in conducting criminal investigations
What is the main difference between a consensual encounter and a detention?
The level of coercion involved
What is a suggested phrase to establish a consensual encounter?
May I talk to you?
What is the standard required for a law enforcement officer to make an investigatory stop of a suspect?
Reasonable suspicion
In determining whether reasonable suspicion exists, what can be taken into account?
The officer's training and experience
What is the primary difference between probable cause and reasonable suspicion?
Probable cause is a higher standard than reasonable suspicion
What is the criterion for establishing reasonable suspicion for a stop?
The totality of the circumstances
What factors are considered in determining whether reasonable suspicion exists?
The time of day, the day of the week, the location, the appearance of the suspect, and the appearance and operation of any vehicle involved
What did the detective observe in the vehicle that led to reasonable suspicion for a stop?
An amber prescription bottle being passed from the front to the rear
What is the result of an officer's reasonable suspicion in a given situation?
An investigatory stop is justified
What is the significance of a BOLO alert in establishing reasonable suspicion?
It provides a reasonable suspicion to stop a suspect
What is the significance of the case of Hernandez v. State?
It held that an officer had a reasonable suspicion for an investigatory stop
What is the outcome of an officer's stop based on a hunch rather than reasonable suspicion?
The stop is considered unconstitutional
What is the primary purpose of determining whether an officer has a reasonable suspicion?
To determine whether an investigatory stop is justified
What factor does not contribute to establishing reasonable suspicion?
The defendant's compliance with the officer's request
What is the relationship between probable cause and reasonable suspicion?
Probable cause is a higher standard than reasonable suspicion
What is the outcome of an officer's stop based on a BOLO alert that is several weeks old?
The stop is considered constitutional
What is the significance of the defendant's actions in Lugo v. State?
The defendant's actions did not exhibit any suspicious behavior
What is the outcome of an officer's stop based on a BOLO alert that does not mention a vehicle?
The stop is considered constitutional
What is the significance of the officer's observation of hand-to-hand movements in an area known for narcotics transactions?
It does not provide a founded suspicion of criminal activity
What is the outcome of an officer's stop based on a license plate check that reveals a suspended driver's license?
The stop is considered unconstitutional
What was the issue with the officer's stop of the defendant's van in the initial scenario?
The defendant matched the BOLO description, but the officer lacked reasonable suspicion
What is the significance of a citizen-informant's tip, as opposed to an anonymous tipster?
It is entitled to a presumption of reliability and does not require further corroboration
What was the outcome of the stop in Alabama v. White?
The stop was found to be supported by reasonable suspicion
What was significant about the 911 caller's report in Navarette v. California?
The caller claimed to be an eyewitness to the dangerous driving
Why did the officer's stop of the defendant's van in the initial scenario lack reasonable suspicion?
The BOLO description was vague and did not match the defendant's clothing
What is the significance of an informant's identity being readily ascertainable?
It makes the informant's tip more reliable
What is the result of an anonymous tip, as opposed to a citizen-informant's tip?
It requires further corroboration to be reliable
What was the issue with the officer's stop in the initial scenario?
The officer lacked reasonable suspicion
What is the significance of partial corroboration in Alabama v. White?
It makes the anonymous tip more reliable
What is the result of an officer's stop based on a reliable tip?
The stop is supported by reasonable suspicion
What gave an officer reasonable suspicion to stop a vehicle in K.V. (2002)?
A tip from a guard at an apartment complex security station that she had smelled marijuana coming from the vehicle
What justified an officer's reasonable suspicion to pat-down juveniles in D.H. v. State (2013)?
None of the above
What did officers see in Slice v. State (2002) that gave them reasonable suspicion to detain the defendant?
A butt of a gun inside the car and partially concealed by clothing
What was the circumstance that led to a stop in State v. Davis (2003)?
A BOLO about a bank robbery committed by two black or Hispanic men
What did the agents notice in U.S. v. Smith (2000) that gave them reasonable suspicion to detain the defendants?
Two expensive-looking, hard-sided suitcases that had been lying unattended in the terminal
What did the officers observe in Illinois v. Wardlow (2000) that gave them reasonable suspicion to stop the defendant?
The defendant's headlong flight in an area known for heavy narcotics trafficking
What was the circumstance that led to a stop in May v. State (2012)?
The defendant walking out of a cash-only pain clinic that was under investigation by the DEA
What is a characteristic of a detention?
The officer's ordering a person to do something, such as 'stop' or 'open your hands'
What is required for an officer to ask questions or ask for a person's identification in a public place?
None of the above
What transforms a consensual encounter into a detention?
The officer's approach and show of authority
What makes a 911 call more reliable than an anonymous tip?
The caller's voice can be recorded and identified
What was the reason for the investigatory stop in State v. Quinn?
The officer saw Quinn walking down a sidewalk with a personal safe
What is a key factor in determining the reliability of an anonymous tip?
The tip provides predictive information
What was the outcome of the case in Florida v. J.L.?
The officers lacked reasonable suspicion
What was the outcome of the case in Collins v. State?
The officers lacked reasonable suspicion
What is a characteristic of a reliable anonymous tip?
It provides predictive information
What was the outcome of the case in Lee v. State?
The officers lacked reasonable suspicion
What is the significance of the 'totality of circumstances' in determining the legality of an investigatory stop?
It is one of the factors to be considered in determining the legality of the stop
What is the significance of the officer's observation of pedestrian activity in State v. Quinn?
It was a key factor in determining the legality of the stop
What is the significance of the officer's observation of the defendant's behavior in State v. Quinn?
It was a key factor in determining the legality of the stop
What is the minimum requirement for an officer to stop a vehicle?
A traffic violation
Which of the following is a valid reason to stop a vehicle?
Driving without headlights at 3:30 a.m.
When is an officer justified in detaining a driver after a traffic stop?
For the time reasonably necessary to issue a citation or warning, unless the officer has a reasonable suspicion of criminal activity
What is the result of a traffic stop predicated on failure to use a turn signal when no other vehicle is affected by the turn?
The stop is illegal and any evidence obtained must be suppressed
What is the basis for an officer's suspicion in State v. Welch (2019)?
A prolonged stop at a gated community
When can an officer stop a vehicle based on a license plate check?
When the registered owner of the vehicle has a revoked driver's license
What is the customary practice during a traffic stop?
Checking the driver's license, tag, insurance, and active warrants
What is the result of an officer's failure to signal a turn when no other vehicle is affected by the turn?
The officer is not justified in stopping the vehicle
What is the limitation on an officer's detention of a driver during a traffic stop?
The officer may detain the driver for a reasonable period of time
What is the purpose of a traffic stop?
To issue a citation or warning
What is a common pitfall in the area of reasonable suspicion and probable cause?
Timing of an officer's arrest
What is the result of a bad arrest or a bad search?
The bad arrest or search cannot be salvaged or corrected by what the officer recovers from the suspect
Under what circumstances may an investigatory stop be transformed into a de facto arrest?
When an officer handcuffs a defendant, pats them down for weapons, and places them in a patrol car
What is a factor that determines whether an investigatory stop becomes a de facto arrest?
The length of time the stop continues
What is the purpose of handcuffing a suspect during an investigatory stop?
To protect the officer's safety
What is the result of an officer's actions not being supported by a reasonable suspicion that a suspect is a threat to the officer's safety?
The officer's actions constitute a de facto arrest
What is an important consideration for an officer when approaching an individual on the street or in a car?
The officer's need to proceed very carefully
What is the result of an officer's actions exceeding the limits of an investigatory stop?
The officer's actions constitute a de facto arrest
What is the purpose of questioning, surveillance, or other appropriate police work during an investigatory stop?
To culminate in probable cause
What is the significance of an officer's actions being supported by a reasonable suspicion that a suspect is armed and dangerous?
The officer's actions are justified as a necessary safety precaution
What is essential for an officer to have before making an arrest?
Probable cause
What is not enough to justify an arrest for drugs?
A high-crime area
What can be considered a factor in establishing probable cause?
A known drug dealer in the area
What should an officer do when observing an exchange of an object he or she cannot see?
Wait for further evidence
What is the significance of an individual's flight in establishing probable cause?
It can be combined with other factors to establish probable cause
What is necessary for an officer to resist the temptation to use whatever means possible in fighting the 'war' against drug activity?
A clear understanding of probable cause
What is the highest level of contact a law enforcement officer may have with a citizen?
Probable cause to arrest
What is the result of a court finding that an officer did not have probable cause to make an arrest?
The arrest is considered invalid
What is an example of a situation where probable cause may be found?
A series of hand-to-hand transactions in a location known for frequent drug sales
What is the standard for determining probable cause?
More probable than not
What is required for an officer to have probable cause to arrest?
Facts and circumstances that warrant a person of reasonable caution to believe an offense has been committed
What is the outcome of an officer's stop based on a hunch rather than reasonable suspicion?
The stop is considered invalid
What is the outcome when conduct is equally compatible with guilt or innocence?
Conduct does not constitute probable cause
What is the relationship between probable cause and reasonable suspicion?
Probable cause is a higher standard than reasonable suspicion
In the case of Maryland v. Pringle, what was the factor that led to probable cause to arrest all three occupants of the car?
The accessibility of the cocaine to all three men
What is the concept that deals with probabilities, not certainties?
Probable cause
What is the definition of probable cause?
A reasonable belief that an offense has been or is being committed and that the person arrested is its perpetrator
What is the significance of the totality of circumstances in determining probable cause?
It is a factor to be considered in evaluating the totality of circumstances surrounding a stop
What must an officer ensure before making an arrest?
That the description of the suspect is sufficiently detailed
What is the advantage of obtaining information from a victim of a crime?
The officer can rely on the information without verifying it
What is necessary to establish probable cause based on a confidential informant's information?
The informant's reliability and basis of knowledge
What is considered insufficient information to provide an officer with probable cause to make an arrest?
A victim's uncertain identification or a suspect who only looks like the perpetrator
What must an officer do when relying on a confidential informant's information?
Determine the informant's reliability and basis of knowledge
What is the purpose of verifying an informant's story?
To confirm the informant's basis of knowledge
What is the significance of a citizen informant's basis of knowledge?
It confirms the informant's personal knowledge of the crime
What must an officer consider when evaluating an informant's information?
Both the informant's reliability and basis of knowledge
What is the result of an officer's failure to establish an informant's reliability and basis of knowledge?
The officer cannot establish probable cause for an arrest
What is the significance of established probable cause?
It provides legal justification for the officer's actions
What must a law enforcement agency inform a person of when requesting them to serve as a confidential informant?
The agency cannot promise inducements such as immunity or reduced charges.
What is a requirement for law enforcement agencies using confidential informants?
The agency must train personnel on policies and procedures.
What must a law enforcement agency's policies and procedures address regarding confidential informants?
The recruitment, control, and use of confidential informants.
What factor must a law enforcement agency consider when assessing the suitability of a person as a confidential informant?
The person's age and maturity.
What is a requirement for law enforcement agencies when using a juvenile as a confidential informant?
The agency must have a supervisory officer's approval.
What is the primary purpose of a law enforcement agency's policies and procedures regarding confidential informants?
To ensure the safety of confidential informants and law enforcement personnel.
What must a law enforcement agency do when deactivating a confidential informant?
The agency must deactivate communications with the informant.
What is a factor that a law enforcement agency must consider when determining the suitability of a person as a confidential informant?
The person's criminal history.
What is the purpose of a law enforcement agency's policies and procedures regarding the use of confidential informants?
To establish guidelines for the use of confidential informants.
What must a law enforcement agency ensure when using confidential informants?
The agency's personnel are trained in the use of confidential informants.
What is the primary basis for an officer to stop a citizen?
Reasonable suspicion that the citizen has committed or is about to commit a crime
What occurs when an officer blocks a person's path or physically restrains them?
A Terry stop
What is the significance of an anonymous tip in establishing reasonable suspicion?
It is not sufficient to stop an individual, but can be combined with other factors
What is the consequence of an officer's actions being based on a hunch rather than reasonable suspicion?
The officer's actions are invalid, and the stop is considered a detention
What is the significance of a citizen's innocuous behavior in a high-crime area?
It is irrelevant in establishing reasonable suspicion
What is the requirement for an officer to stop a citizen?
The officer must have reasonable suspicion
What is the significance of an officer's observation of suspicious behavior?
It is sufficient to establish reasonable suspicion
What is the result of an officer's persistence in asking questions and creating an appearance that the person must comply?
A detention
What is required to be provided in written security procedures for confidential sources?
Notation of each person who accesses the records and the date of access
What is the purpose of the Fellow Officer Rule?
To impute probable cause from one officer to another
What is a limitation on the use of information from fellow police officers or official police sources?
The information cannot be stale or outdated
What is a source of probable cause for a police officer?
A defendant's accomplice
How do courts review the information underlying an arrest?
From a neutral, detached, unbiased point of view
What is the significance of a diligent search when acting on a warrant?
It is necessary to make a diligent search to ensure the validity of the arrest
What is the rule of law regarding the Fellow Officer Rule and misdemeanor offenses?
The Fellow Officer Rule applies to both misdemeanor and felony offenses
What is the limitation on the Fellow Officer Rule regarding testimony?
An officer cannot testify to hearsay regarding what the initial officer told him or her
What is the purpose of reviewing the information underlying an arrest?
To determine if the officer had probable cause
What is the standard of review for probable cause?
Objective, from a neutral, detached, unbiased point of view
What is the primary focus of inquiry in determining whether a police officer's conduct is lawful?
The degree of suspicion that attaches to particular types of noncriminal acts
What is the basis for an officer's request for information in a street encounter?
A public service function
What is the result of an officer's request for information being refused by the individual?
The officer cannot use the refusal to pursue and stop the individual
What is the requirement for an officer's inquiry into a citizen's activities?
A suspicion that criminal activity is afoot
What is the outcome of an officer's seizure of a citizen without probable cause?
The seizure is unlawful
What is the purpose of the common-law right to inquire?
To maintain the status quo and obtain more information
What is the significance of an officer's experience in making a probable cause determination?
It increases the likelihood of a probable cause determination
What is the result of an officer's polite and quiet tone during a street encounter?
The citizen is more likely to cooperate with the officer
What is the primary consideration in determining whether an officer's conduct is lawful?
The degree of suspicion that attaches to particular types of noncriminal acts
What is the significance of the case of Florida v. Royer?
It held that vigilant law enforcement is part of society's need to protect itself
Study Notes
Consensual Encounters
- A consensual encounter is a mere contact between a law enforcement officer and a citizen, involving no coercion, detention, or arrest.
- The officer does not violate the Fourth Amendment by approaching an individual in a public place, asking questions, and offering voluntary answers as evidence.
- The objective test is whether a reasonable person would feel free to go.
- Suggestions to establish a consensual encounter:
- Ask the citizen: "May I talk to you?" or "Can I have a minute of your time?"
- "Do you mind if I search you for drugs?" or "Would you mind showing me what's in your hand?"
- Walk up to a citizen in a public place and start a conversation.
- The court may rule that a consensual encounter was a detention if:
- The officer displays a weapon
- The officer uses a harsh, accusatorial tone of voice
- The officer orders the citizen to do something
- The officer blocks an individual's path with a police vehicle or officer(s)
- The individual is told he or she is a suspect
- The officer physically touches the individual
- The officer retains the individual's property
Reasonable Suspicion
- No specific information provided in the text
Probable Cause
- No specific information provided in the text
Encounter vs. Arrest or "Seizure"
- A person is seized only when their freedom of movement is restrained.
- A seizure occurs when the police restrain the individual through physical force or show of authority.
- Florida courts have held that a seizure occurs only when the individual's freedom of movement has been restrained, and a reasonable person would believe they are not free to leave.
- Examples of seizures:
- Retaining an individual's property (e.g., airline ticket, driver's license)
- Activating police lights
- Ordering an individual to exit a vehicle or sit on the sidewalk
- Demanding an individual to open their hand or mouth
- Grabbing an individual from behind or holding a flashlight to their face
- Examples of consensual encounters:
- Approaching an individual in a public place and asking questions
- Asking for a person's identification
- Conducting a pat-down search (may be considered a detention)
Miranda Rights
- Reading a person their Miranda rights does not automatically transform a consensual encounter into a seizure.
- However, the reading of the warning might add to the coercive nature of an encounter, which is a factor to be considered in evaluating the totality of circumstances.
Investigatory Stops
- In a Terry stop, a law enforcement officer may stop a citizen based on reasonable suspicion, which is a lower standard than probable cause.
- Factors to consider in determining reasonable suspicion:
- Time of day or night
- Day of the week
- Location
- Appearance of the suspect
- Appearance and operation of any vehicle involved
- Anything incongruous or unusual in the situation
- Officer's training and experience
- Examples of cases where reasonable suspicion was found:
- Hernandez v. State (1999): Officer responded to a 3:00 a.m. report of suspicious activity in an apartment complex parking lot.
- State v. K.V. (2002): Officer had reasonable suspicion to stop a vehicle based on a tip from a guard at an apartment complex security station.
- Slice v. State (2002): Officers saw a car parked in an improper area outside a closed business at 1:30 a.m. with a gun partially concealed inside.
- State v. Davis (2003): Officer had reasonable suspicion to stop two individuals based on a BOLO (Be on the Lookout) report.
- U.S. v. Smith (2000): DEA agents and Border Patrol agents had reasonable suspicion to detain two individuals based on their behavior at a bus station.
- Illinois v. Wardlow (2000): Officer had reasonable suspicion to stop an individual based on his behavior in a high-crime area.
BOLOs (Be on the Lookout)
- A BOLO alert usually provides reasonable suspicion to stop a suspect.
- Example of a case where a BOLO provided reasonable suspicion:
- Tucker v. State (2015): Officer had reasonable suspicion to stop a car based on a BOLO describing a burglary suspect.
- Example of a case where a BOLO did not provide reasonable suspicion:
- Goines v. State (2015): Officer stopped a van based on a BOLO, but the stop was not supported by reasonable suspicion.
Citizen Informants
- A tip by a citizen-informant is entitled to a presumption of reliability and does not require further corroboration.
- Example of a case where a citizen-informant's tip provided reasonable suspicion:
- State v. Manuel (2001): Officer had reasonable suspicion to stop an individual based on a tip from a convenience store clerk.
Anonymous Tips
- An anonymous tip is not entitled to a presumption of reliability and requires further corroboration.
- Examples of cases where an anonymous tip was found to be reliable:
- Alabama v. White (1990): Anonymous tip provided reasonable suspicion to stop an individual based on a detailed description of their behavior.
- Navarette v. California (2014): Anonymous tip provided reasonable suspicion to stop a vehicle based on a report of reckless driving.
- Examples of cases where an anonymous tip was not found to be reliable:
- Florida v. J.L. (2000): Anonymous tip did not provide reasonable suspicion to stop an individual based on a vague description of their behavior.
- State v. Quinn (2010): Anonymous tip provided reasonable suspicion to stop an individual based on a report of suspicious behavior in a residential neighborhood.
Erratic Driving
-
Driving in an erratic manner justifies a stop.
-
Examples of traffic infractions that can provide reasonable suspicion to stop a vehicle:
- Too darkly tinted windows
- A vehicle's license tag obscured by a trailer hitch
- Driving without headlights activated
- Crossing over the solid double yellow lines
- Cracked taillight
- Driving a car the wrong way on a one-way street
- Non-functioning tag lamp
- Failure to signal
- Pulling beyond or ahead of the stop line at an intersection### Vehicle Stops and Reasonable Suspicion
-
A stop is reasonable if an officer runs a vehicle's license plate and learns that the registered owner has a revoked driver's license, unless the officer lacks information indicating the owner is not the driver.
-
A police officer is justified in detaining the driver only for the time reasonably necessary to issue a citation or warning, unless they have a reasonable suspicion of criminal activity.
-
Customary driver's license, tag, insurance, registration, and active warrant checks that accompany a traffic stop are allowed within a reasonable period of time.
Cautions to Observe
- An officer's timing of arrest is crucial, as premature action can nullify a valid arrest.
- An officer must proceed carefully when approaching an individual on the street or in a car, only intruding upon their privacy to the extent permitted by the information they possess.
De Facto Arrest
- An investigatory stop can be transformed into a de facto arrest if the officer's actions exceed the bounds of a reasonable stop.
- Examples of de facto arrest include:
- Handcuffing and placing the individual in a patrol car for 30 minutes without probable cause.
- Informing the individual of their Miranda rights, handcuffing, and placing them in a patrol car without probable cause.
- Continuing an investigatory stop for an excessive amount of time beyond what is reasonably necessary.
Use of Handcuffs
- Handcuffing does not automatically turn an investigatory stop into a de facto arrest.
- Handcuffs can be used when reasonably necessary to protect the officer's safety or to prevent the suspect from fleeing.
- Handcuffs must be temporary and removed once a pat-down reveals the absence of a weapon.
- Handcuffing without reasonable suspicion of a threat or attempt to flee constitutes a de facto arrest.
Confessions and Arrest
- A confession must be suppressed if it is obtained during a detention that amounts to the functional equivalent of an arrest if police do not have probable cause to make an arrest.
- Examples of such detention include removing the individual from their home in handcuffs and transporting them to the sheriff's department for questioning without probable cause.
Probable Cause to Arrest
- Probable cause exists when the facts and circumstances within an officer's knowledge and reasonably trustworthy information are sufficient to warrant a person of reasonable caution in the belief that an offense has been or is being committed.
- Probable cause depends on probabilities, not certainties, and must appear to the officer that it is at least more probable than not that a crime has taken place and that the one arrested is its perpetrator.
Conducting a Warrantless Arrest
- An officer may make a warrantless arrest if they have probable cause, as established in Florida v. White (1999).
- Conduct equally compatible with guilt or innocence will not constitute probable cause for an arrest.
Cautions to Observe in Regard to Probable Cause
- Courts will not tolerate a violation of constitutional rights in the fight against drugs or other crimes.
- An officer must still have reason to believe that they are observing a sale of drugs or other illegal activities.
- The officer cannot use the "high-crime area" factor as a crutch to make an arrest.
Identification Required for Probable Cause
- An officer must be sure that the description of a suspect is sufficiently detailed before making an arrest.
- If the description is too vague or general, the officer should refrain from making an arrest and instead ask the suspect questions or keep them under surveillance.
Law Enforcement Sources of Probable Cause
- A police officer can obtain information from personal observation, victims, or citizens who are not the victims of a crime.
- The officer must verify that the citizen knows what they are talking about, known as the citizen's "basis of knowledge".
Informants
- A police officer relying on a confidential informant must establish the informant's "reliability" and "basis of knowledge".
- To establish reliability, the officer must determine if the informant:
- Came forward in the past with accurate information.
- Is making a declaration against their penal interest.
- Can confirm details of the informant's story.
- To establish basis of knowledge, the officer must consider:
- If the informant spoke from personal knowledge.
- If the officer observed conduct directly involving the criminal activity.
- If the informant's information is supported by other evidence.
Fellow Officer Rule
- If a law enforcement officer has information amounting to probable cause, they can communicate that probable cause to an officer who lacks that knowledge for purposes of the second officer making an arrest.
- The directing officer's knowledge is imputed to the arresting officer.
Other Basis for Probable Cause
- A police officer can obtain information from fellow police officers or official police sources.
- However, an officer should also realize that if they act on information which has become stale or outdated, the arrest will be voided by the courts.
- Probable cause can also come from a variety of other sources, such as:
- A defendant's accomplice.
- Fingerprints at the scene of a crime.
- Information from a conversation heard through a wall.
Street Encounters on Less Than Probable Cause
- The officer must balance their safety with the proper performance of their job.
- The officer can only take official action which is reasonably related to the amount of information they possess.
- The officer can request information, but the citizen has the right to refuse to answer and can even walk or run away.### Officer Interference with Citizens
- An officer can interfere with a citizen to maintain the "status-quo" and obtain more information when they have a suspicion of "criminal activity afoot."
- The officer cannot make a forcible seizure of the citizen, which is considered an unlawful arrest.
Law Enforcement and Constitutional Rights
- Vigilant law enforcement is necessary to protect society and does not violate a citizen's constitutional rights.
- Police questioning is a necessary tool for effective enforcement of criminal laws.
Citizen's Rights and Obligations
- A citizen is not obligated to answer an officer's questions and their silence cannot be used as a basis for further action.
- An officer can ask for identification and request permission to search, but the citizen must be free to leave.
Terry Stop and Reasonable Suspicion
- An officer can stop a citizen when they reasonably suspect the citizen has committed or is about to commit a crime.
- The stop must be based on "reasonable suspicion" and not on an officer's "hunch."
- The officer must be prepared to provide specific facts to justify their actions.
Forms of Stop and Anonymous Tips
- A stop can take various forms, including physical restraint or blocking the path of a car.
- An anonymous tip or call is not sufficient to stop an individual, but the officer can ask questions and observe behavior.
- If the tip is combined with the officer's personal observation, a stop would be justified.
Learn about the three levels of contact between law enforcement officers and citizens, including consensual encounters, reasonable suspicions, and probable cause. Legal Guideline #9
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