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Procedure > Police information: Officer Observations > Flashcards

Police information: Officer Observations Flashcards

1
Q

What are the four physical intrusions preformed by Officers?

A

1) Threshold inquires
2) Frisks
3) Arrests
4) Searches

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2
Q

A threshold inquiry is :

A

Brief detentions to determine whether citizens are engaging in criminal conduct

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3
Q

A Frisk is :

A

Pat downs of citizens clothing, possessions and/or vehicle to determine whether they are armed

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4
Q

An arrests is:

A

Taking Citizens into formal custody because they have committed a crime

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5
Q

A Search is:

A

Intrusions into private areas to look for evidence of crime

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6
Q

Officers must have ________ information to justify their intrusive activity

A

Sufficient

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7
Q

What is a hunch

A

A hunch is an intuitive or gut feeling about something. Often described by officers as instinct

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8
Q

What is reasonable suspicion:

A

Reasonable suspicion is more concrete than a hunch and involves specific fats that lead an OBJECTIVE police officer to suspect 1) A criminal activity has, is, or will occur and sometimes 2) the suspect may be armed and dangerous

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9
Q

What is probable cause :

A

Probable cause leads to an officer to believe it is more likely than not that 1) the suspect has committed or is committing a crime and/or evidence will be found in particular place

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10
Q

When you have a hunch permissible Police conduct:

A

Field encounter
(Officers observe and speak with a subject. However, Officers cannot compel the subject to stay or even interact with them)

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11
Q

When officers have reasonable suspicion they can conduct ?

A

Threshold inquiry and/or frisk
(If a crime is suspected , then conduct a threshold inquiry, if a crime and dangerous weapon is suspected then frisk)

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12
Q

When Officers have Probable cause they can conduct:

A

Charge and/or search
(Charge a crime by warrant, arrest or complaint. Search for evidence with or without a warrant)

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13
Q

What is the definition of reasonable suspicion

A

There are trustworthy facts and inferences; that would lead a reasonable person to believe; there is a concrete possibility; that a crime is, was or will be committed and sometimes the suspect is armed and dangerous

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14
Q

What is the definition of Probable cause ?

A

There are trustworthy facts and inferences that would lead a reasonable person to believe it is more likely than not; that a specific crime was or is being committed and/or evidence of crime is in a particular place.

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15
Q

The major difference between reasonable suspicion and probable cause is the _________ of information

A

Amount
(the degrees of certainty that officers in the field possesses, For reasonable suspicion the officer must have concretely suspicious while probable cause requires poof “more likely then not” a crime has occurred or evidence is in a specific place)

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16
Q

The second difference between reasonable suspicion and probable cause is the ________ activity

A

Authorized
(RS is the least amount of information needed to detain citizens and sometimes frisk. For charging crimes and searching an officer needs probable cause)

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17
Q

The Constitution insists that officers rely on _________ information

A

Trustworthy

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18
Q

What are the two types of information that officers can rely on to establish reasonable suspicion or probable cause ?

A

1) Their personal observations

2)Information provided by other people (Secondary sources)

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19
Q

Officers must deal in ________ not assumptions and innuendo

A

facts

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20
Q

Officers may make _______ from the facts they learns

A

inferences
(reasonable deductions. Inferences must be reasonable not inescapable. Example: When you see a known drug dealer drive up and make a hand to hand interacting you can infer that it was a drug deal. The driver could have handed the other party a stick of gum but officers do not have to eliminate all innocent possibilities before investigating)

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21
Q

Another name for an inference is …..________ _________

A

Circumstantial evidence
(While no definitive number of facts must be present, it is usually necessary to rely on more than one to develop reasonable suspicion or probable cause)

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22
Q

Probable cause and reasonable suspicion are concerned with ________

A

Probabilities
(the factual and practical considerations of everyday life on which reasonable people, who are not legal technicians act. The court is obliged to look at situations from the perspective of a reasonable person)

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23
Q

Officers do not have to show that the information they rely on in the field will be ________ at trial

A

admissible

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24
Q

The ________ _______ of Officers investigating a case is evaluated to determine if a reasonable suspicion or probable cause exist

A

Collective knowledge

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25
Q

Officers do not have to ______ their information with each other for collective knowledge doctrine

A

share
(it is not necessary for officers to actually trade information. The knowledge of once officer may be attributed to another as they work together to establish RS or PC)

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26
Q

Collective Knowledge includes information obtained by ________ _______

A

Civilian Dispatchers

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27
Q

When investigating an officer may take into account past ______ ______ in an area

A

criminal conduct

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28
Q

The ______ _____ nature of the area is only relevant if directly connected to the location and activity being investigated

A

High crime

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29
Q

The history of a _______ is never, by itself, justification to stop anyone

A

Location

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30
Q

When an activity is “____ __ _______” with a particular location officers may develop a reasonable suspicion to investigate

A

Out of character

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31
Q

Insufficient suspicious activity provides no basis for _____

A

detention

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32
Q

Violation ordinance or bylaw may justify a ______ _______

A

threshold inquiry

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33
Q

Violation of ordinance or bylaw may justify ______

A

arrest

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34
Q

Concealing an item or transferring an item to another may indicate ______ _____

A

Criminal conduct

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35
Q

Officers are not required to see the illegal object ______

A

exchanged

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36
Q

A suspects drug history is a ______ ____

A

Critical Factor

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37
Q

A public exchange between parties is not automatically _________

A

Suspicious

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38
Q

There must be proof that an ________ took place especially with multiple people present

A

exchange
(When there are multiple people present during an exchange officers must be clear who is involved)

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39
Q

Presence of an object in _______ is not enough to be suspicious

A

mouth

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40
Q

The fact that a person is visibly nervous, flees or hides may contribute to ______ ________

A

reasonable suspicion

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41
Q

A ________ flight may support reasonable suspicion

A

Companions

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42
Q

Flight cannot be the ______ factor for reasonable suspicion.

A

MAJOR
(There are reasons other than guilt why residents, especially minority groups, might want to avoid police contact )

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43
Q

A persons _____ ______, reputation or association with criminals may help create reasonable suspicion or probable cause

A

criminal record

44
Q

There are _________ on use of prior record

A

Limitations
(A prior record will not, by itself, justify the police detention, Furthermore, any prior offenses must be sufficiently recent and similar to the crime under investigation)

45
Q

Evasive or ______ answers, coupled with other information, may provide reasonable suspicion or probable cause

A

Implausible

46
Q

_______ statements by companions may lead to RS or PC

A

Inconsistent

47
Q

Knowing _____ facts about the crime may lead to RS or PC

A

Undisclosed

48
Q

Lack of _______ with investigation may lead to RS or PC

A

Cooperation

49
Q

An ________ statement may create RS or PC

A

incriminating

50
Q

If a suspect resembles the __________ of a perpetrator, officers may detain him

A

Description
(A closer match will result in probable cause)

51
Q

Avoid _____, ethnic based descriptions

A

generic

52
Q

_________ ____ cannot be used to connect a defendant to a crime.

A

Demographic data

53
Q

_______ date may never create reasonable suspicion

A

Census

54
Q

________ techniques may support reasonable suspicion or probable cause

A

Investigative

55
Q

Police may not stop a vehicle to serve a _____ _____ _____ ______

A

Civil Abuse prevention Order

55
Q

Traffic stops may not be based on ________ violation

A

anticipated

55
Q

Traffic stops may be based on _______ ______ of a civil infraction

A

Reasonable suspicion
(Most traffic stops are triggered when officers observe an obvious moving violation)

55
Q

_______ _____ motives do not invalidate a civil infraction stop

A

Legitimate investigatory

56
Q

When the defendant in a car stops raises a reasonable inference of police bias counsel may address these six points :

A

1) the specific agency policies and procedures regarding traffic stops
2)The officers regular assignment
3) The officers enforcement pattern
4)The sequence of events prior to the stop
5)The way the officer conducted the stop
6) The public safety interests at stake in enforcing the violation

57
Q

Burden on the ________ to rebut reasonable inference of police bias during a car stop

A

Prosecutor
(If the prosecutor fails, the judge will typically suppress the evidence. It is legally insufficient to simply assert that an actual traffic violation occurred)

58
Q

Police testimony is key to disproving bias. Name the 7 point an officer should touch on :

A

1) Agency Policy
2)Personal commitment
3)Assignment
4)Past patterns
5)Events prior to stop
6)During the stop
7)Implicit bias

59
Q

When speaking of events prior to stop when testifying about police bias. Officers should touch on (4 Points);

A

1) Vantage Point prior to stop

2)Running plates (Officers may check the status of registrations at any time as long as they are not motivated by racial bias Comm v Starr)

3)Nature of Violation

4)Following ( Officers should NOT make a habit of following parties looking for violations )

60
Q

Officers may rely on database information that is ______ determined to be incorrect

A

Later

61
Q

Officer must _________ release a motor vehicle once they realize they’re not the registered(Unlicensed etc) owner they’re looking for

A

Immediatley

61
Q

Officers

A
62
Q

Running a registration through an MDT what are the two unacceptable for checking a registration:

A

1) Biased Agenda
2) Personal Agenda

62
Q

Police may assume ___________ Vehicle owner is driving

A

Unlicensed
(example: Officer pulled over vehicle whose owner did not have a license. When he pulled over the vehicle the owners son was driving but he also was unlicensed and OUI)

63
Q

Traffic stop may follow a _______ _____

A

Parking Violation
(Example: Officer observed a parking violation. Approached the driver and asked for their license. The driver ran and was found to have a fire arm. The officer had reasonable suspicion to investigate the parking offense )

63
Q

Traffic stop may be based on marijuana _____,______ or ____ _____

A

Odor, smoke or visible use
(Clearly officer have reasonable suspicion to a vehicle for an open container when they smell the odor of marijuana coming from a passing vehicle)

64
Q

Officers

A
64
Q

According to the Kirwan Institute at OSU what is the definition of Implicit bias ?

A

Implicit bias refers to the attitude or stereotypes that affect out actions and decisions in an unconscious manner

65
Q

Officer must _________ release a motor vehicle once they realize they’re not the registered(Unlicensed etc) owner they’re looking for

A

Immediatley

65
Q

Officer must _________ release a motor vehicle once they realize they’re not the registered(Unlicensed etc) owner they’re looking for

A

Immediatley

66
Q

Police may assume ___________ Vehicle owner is driving

A

Unlicensed
(example: Officer pulled over vehicle whose owner did not have a license. When he pulled over the vehicle the owners son was driving but he also was unlicensed and OUI)

66
Q

Running a registration through an MDT what are the two unacceptable for checking a registration:

A

1) Biased Agenda
2) Personal Agenda

66
Q

Police may assume ___________ Vehicle owner is driving

A

Unlicensed
(example: Officer pulled over vehicle whose owner did not have a license. When he pulled over the vehicle the owners son was driving but he also was unlicensed and OUI)

67
Q

Traffic stop may be based on marijuana _____,______ or ____ _____

A

Odor, smoke or visible use
(Clearly officer have reasonable suspicion to a vehicle for an open container when they smell the odor of marijuana coming from a passing vehicle)

67
Q

Running a registration through an MDT what are the two unacceptable for checking a registration:

A

1) Biased Agenda
2) Personal Agenda

68
Q

According to the Kirwan Institute at OSU what is the definition of Implicit bias ?

A

Implicit bias refers to the attitude or stereotypes that affect out actions and decisions in an unconscious manner

69
Q

According to the Kirwan Institute at OSU what is the definition of Implicit bias ?

A

Implicit bias refers to the attitude or stereotypes that affect out actions and decisions in an unconscious manner

70
Q

Traffic stop may follow a _______ _____

A

Parking Violation
(Example: Officer observed a parking violation. Approached the driver and asked for their license. The driver ran and was found to have a fire arm. The officer had reasonable suspicion to investigate the parking offense )

71
Q

Traffic stop may be based on marijuana _____,______ or ____ _____

A

Odor, smoke or visible use
(Clearly officer have reasonable suspicion to a vehicle for an open container when they smell the odor of marijuana coming from a passing vehicle)

71
Q

Traffic stop may be based on marijuana _____,______ or ____ _____

A

Odor, smoke or visible use
(Clearly officer have reasonable suspicion to a vehicle for an open container when they smell the odor of marijuana coming from a passing vehicle)

72
Q

Traffic stop may follow a _______ _____

A

Parking Violation
(Example: Officer observed a parking violation. Approached the driver and asked for their license. The driver ran and was found to have a fire arm. The officer had reasonable suspicion to investigate the parking offense )

72
Q

Police may assume ___________ Vehicle owner is driving

A

Unlicensed
(example: Officer pulled over vehicle whose owner did not have a license. When he pulled over the vehicle the owners son was driving but he also was unlicensed and OUI)

72
Q

Traffic stop may follow a _______ _____

A

Parking Violation
(Example: Officer observed a parking violation. Approached the driver and asked for their license. The driver ran and was found to have a fire arm. The officer had reasonable suspicion to investigate the parking offense )

73
Q

Officer must _________ release a motor vehicle once they realize they’re not the registered(Unlicensed etc) owner they’re looking for

A

Immediatley

73
Q

Running a registration through an MDT what are the two unacceptable for checking a registration:

A

1) Biased Agenda
2) Personal Agenda

73
Q

According to the Kirwan Institute at OSU what is the definition of Implicit bias ?

A

Implicit bias refers to the attitude or stereotypes that affect out actions and decisions in an unconscious manner

73
Q

Officers

A
74
Q

_________ ______ is a legitimate reason to stop a vehicle if a driver or passenger may be at risk

A

Community Caretaking

75
Q

A ______ _____ is an insufficient basis to pull a vehicle over for community care taking

A

Lost motorist

76
Q

A roadside community care taking encounter did not justify a traffic stop when the vehicle _____ ____

A

Drove away

77
Q

A community care taking encounter may transform into detention for a possible _____ _____

A

impaired driver

78
Q

Community caretaking also justifies stopping a vehicle for a condition that would cause the driver to fail a ______ _______

A

Safety inspection

79
Q

Reasonable suspicion of a_____ _____ justifies a traffic stop

A

Minor crime
(example: Trespassing, Littering, underage drinking)

80
Q

Reasonable suspicion for an MV stop may develop based on ______, ______ and _______ of activity

A

Time, place and type
(example: Meaningless ride)

81
Q

While separate actions may appear innocent, they may _____ to match a legitimate behavior based profile

A

Combine
(example: party at logan paid cash for hotel, hard sided luggage, came from Arizona, many cellphone calls gave troopers RS to pull vehicle over)

82
Q

_________ suspicious activity does not justify a stop

A

Insufficient
(Officers must be able to explain how the activity suggested criminal wrongdoing)

83
Q

According to the Kirwan Institute at OSU what is the definition of Implicit bias ?

A

Implicit bias refers to the attitude or stereotypes that affect out actions and decisions in an unconscious manner

83
Q

Traffic stop may follow a _______ _____

A

Parking Violation
(Example: Officer observed a parking violation. Approached the driver and asked for their license. The driver ran and was found to have a fire arm. The officer had reasonable suspicion to investigate the parking offense )

84
Q

Traffic stop may be based on marijuana _____,______ or ____ _____

A

Odor, smoke or visible use
(Clearly officer have reasonable suspicion to a vehicle for an open container when they smell the odor of marijuana coming from a passing vehicle)

84
Q

Police may assume ___________ Vehicle owner is driving

A

Unlicensed
(example: Officer pulled over vehicle whose owner did not have a license. When he pulled over the vehicle the owners son was driving but he also was unlicensed and OUI)

85
Q

Running a registration through an MDT what are the two unacceptable for checking a registration:

A

1) Biased Agenda
2) Personal Agenda

85
Q

Motor vehicle stop must immediately ____ once reasonable suspicion evaporates

A

ends

Procedure (15 decks)

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