CPOLS

Question 1

The driver generally has standing to challenge a trunk search, whereas a _________ normally does not 

Answer 1

Passenger

Question 2

Shining a spotlight on someone and asking him to remove his hands from his pockets

Detention?

Answer 2

No

Question 3

Consensual encounter:

ASK for, rather than _______, the person’s cooperation

Answer 3

Demand

Question 4

Combo of spotlight, “rushing at” a person and asking about their legal status amounts to a ____________

Answer 4

detention

Question 5

No authority to search a person during consensual encounter unless they give you _______-

Answer 5

consent

Question 6

Does a pat-down/frisk for weapons turn a consensual encounter into a detention?

Answer 6

Yes

Question 7

Asking m/c rider to remove hands from jacket: detention?

Answer 7

No

Question 8

Is Instructing a person to walk to the hood of the patrol car a show of authority?

Answer 8

Yes - it’s a detention

Question 9

Driving alongside a fleeing suspect

Detention?

Answer 9

No - because the person had not submitted to the officer’s authority yet

Question 10

A detention can never be based solely on a hunch, rumor, intuition, instinct or curiosity. You must have specific __________

Answer 10

specific facts

Question 11

Men being in a neighborhood frequented by drug users is not enough for reasonable suspicion so a detention would be UNLAWFUL

Answer 11

x

Question 12

Just because a person is in a high-crime area, doesn’t justify detention / search

Answer 12

x

Question 13

Is flight in a high-crime area enough to detain?

Answer 13

Yes

Question 14

If you approach someone or a group and one or more of them walks or runs away, is chasing after them a detention?

Answer 14

NO

Because a “seizure” doesn’t occur until you have physically stopped the person or he stops on his own and submits to your authority

Question 15

If you yell “STOP” or “FREEZE” or display your weapon - is it automatically a detention?

Answer 15

No - not until the suspect stops fleeing in response

Question 16

Flight cannot be the only a factor to justify a detention.

Answer 16

x

Question 17

Flight, when combined with other factors, such as high-crime area and/or time of night, you OFTEN will have what?

Answer 17

a valid reason to detain

Question 18

Is info from a totally anonymous source sufficient to justify a detention or pat-down?

Answer 18

No - unless there is sufficient corroboration or other indications of the tip’s validity

Question 19

Can officers rely on info reported in a 911 call in forming reasonable suspicion for a detention?

Answer 19

Yes - because 911 calls are recorded, making caller identifiable and traceable

Question 20

It is a violation of 148 if a person refuses to ID themselves before getting issued a citation because it obstructs and delays the officers duty

Answer 20

x

Question 21

Refusing to ID themself only becomes 148 when it actually delays or obstructs the officers duty.

Ex: On way to jail - refusing to ID doesn’t delay

But, once at the jail, if they continue to refuse, it’s 148

Answer 21

x

Question 22

A detained suspect’s failure or refusal to ID themselves does not justify an arrest on its own - 148 doesn’t apply

Answer 22

x

Question 23

Ordering suspects from their car at gunpoint, handcuffing them, and placing them in a PV to wait for ID by victim did NOT convert this high risk detention into an arrest

Answer 23

x

Question 24

REQUIRING suspect to accompany you to another location or interrogation room without valid consent or compelling reason MAY turn your detention into an unreasonable arrest

Answer 24

x

Question 25

Generally, the courts do not want you to transport the suspect to the victim. Bring the victim to suspects location

Answer 25

x

Question 26

Miranda warnings are never necessary unless you have BOTH ____________ and ____________

Answer 26

Custody and Interrogation

Question 27

Expectation of privacy in trash/garbage in sealed bag and placed at curbside?

Answer 27

No - no expectation of privacy

Question 28

Do you have right to order driver AND passengers out of vehicle during T stop? without a particular reason (danger or suspicion of a crime)

Answer 28

Yes you have the right to do this. The power is justified strictly by officer safety

Question 29

Are all PRCS (post-release community supervision) offenders subject to mandatory search?

Answer 29

Yes - all searchable

Question 30

Can you detain people who aren't the subject of an investigation if their detention is necessary for officers to proceed in their investigation?

Answer 30

Yes

Question 31

During a detention, do you have power to conduct a FULL exploratory search of suspect

Answer 31

No

Question 32

Can you pat-down someone for weapons that you have detained?

Answer 32

Yes but only 1. for weapons 2. Outer clothing 3. Have specific facts that would make a reasonable officer fear for their safety in same situation "standard procedure" is not good enough

Question 33

Pat-down justification: would another officer reasonably believe that a weapon might be used against him?

Answer 33

x

Question 34

Can refusal of consent to search be the sole basis for reasonable suspicion that a suspect is armed or dangerous?

Answer 34

No So you can't pat someone down just because they refused to consent to a pat down

Question 35

During patdown for weapons - officer cannot squeeze, slide or manipulate the content in the pockets after determining the pocket did not contain a weapon

Answer 35

x

Question 36

There can be no arrest without either SUBMISSION or TOUCHING

Answer 36

x

Question 37

If you arrest and book a known or suspected "foreign national", of if you detain one for more than ___ hours, you must ADVISE them of their right to communicate with an official from the consulate of their country

Answer 37

2 hours some countries have mandatory notifications

Question 38

911 caller who calls for medical help for someone that is overdosing is IMMUNE from arrest or prosecution for being under influence or for being in possession of person use of a controlled substance

Answer 38

x

Question 39

Time limitations to arrest a felony?

Answer 39

None

Question 40

Time limitations to arrest a misdemeanor or infraction?

Answer 40

MUST make arrest with or without a warrant between 6am and 10pm SO no arrests between 10pm and 6am **Unless it occurred in your presence, arrest is made in public place, warrant for night service, violation of a DV order

Question 41

Arrestee who opens his door but remains in the residence is NOT a public place

Answer 41

x

Question 42

Can you make investigatory traffic stops based on anonymous reports of suspected drunk driving?

Answer 42

Yes Even if you don't observe an infraction or signs of impaired driving

Question 43

Driver stopped for traffic violation denies having vehicle registration. Can officers, prior to issuing a ticket, enter the vehicle to conduct a limited search of the areas where such documentation reasonably could be found?

Answer 43

Yes

Question 44

Is it a detention to walk up to driver who is already stopped in his vehicle and ASK to see his license?

Answer 44

No

Question 45

Officer briefly shined white light into moving car, then followed it without using red light or siren until driver pulled over on his own. Detention?

Answer 45

No detention