Fourth Amendment -- Terry Stops / Criminal Informants Flashcards
What was the older standard for determining if reliance on informers TIP produces PC?
The informer must be generally reliable (not lying, no dishonest mistake).
The informer IS reliable in this case (not mistaken, no honest mistake).
The facts can be corroborated, high level of detail, and basis of knowledge.
What is the new standard for relying on anonymous TIPS?
Just apply a TOC test. Its the same test as the previous ones, however, it is no longer an element test, rather it is a factors test.
What is a terry frisk and its requirement?
To perform a terry frisk there needs to be RAS that person is armed AT INCEPTION.
Allows patting down outside of clothes.
What is a terry stop and its requirement?
A Terry stop allows O to BRIEFLY stop and pat down clothes.
In order to perform a Terry Stop, it must be justified with a Reasonable Articulable Suspicion (RAS) that criminal activity is afoot, RAS cannot be justified.
What are the requirements for RAS?
There must be reasonable articulable suspicion that criminal activity is afoot, and suspect is armed and dangerous.
Must be more than a hunch;
Must be reasonable at inception; and
It is viewed through lens of the officer.
EXAMPLES OF RAS:
(seeing bulge,
furtive gesture,
reputation [known to carry gun], engaging in particular crime [daytime robbery], OR
tip that someone has a gun)
What is the scope of a Terry Stop?
- BRIEF AND TEMPORARY
——Must be temporary and lasts no longer than necessary. If initial inquiry is unproductive suspect should be allowed to leave. [20 min. okay, 90 min. too long, depends on facts.] - FRISK AND PATDOWN
——A reasonable search of the outer clothing in an attempt to discover weapons.
a. Pat down of outer clothes;
b. Scope is limited to where weapon would likely be; and
c. Continued exploration after conclusion that D has no weapon is unlawful. - NO MANIPULATION
——Officer cannot manipulate objects.
“object must announce its contents.” IF plainly feel suspect has drugs, then can seize drugs and use them as evidence.
When does a TS turn into an arrest?
Potentially if the suspect is moved after a TS it may be an arrest, it will definitely be an arrest if they are moved to the police station.
However, generally, RAS cannot lead to a public arrest, you need PC to arrest someone.
Can anonymous tip generate RAS?
Yes, so long as the tip is corroborated.
Can a police order a driver or passenger out of a car?
Yes, both drivers and passengers can be ordered out of the car for any lawful stop.
