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Investigations > Stop and Frisk > Flashcards

Stop and Frisk Flashcards

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1
Q

Why is reasonableness part of 4A jurisprudence?

A

judges started realizing so many exceptions to warrant that not quite a rule

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2
Q

Mapp promotes the idea that police ___

A

derive legitimacy from being neutral law enforcers

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3
Q

Community policing ideas emerge in ___

A

80s and 90s to combat high crime rates (policing as prevention)

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4
Q

Types of reasonableness cases

A
  • search incident to arrest
  • checkpoints
  • admin/regulatory searches
  • stop and frisk
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5
Q

Camara says that admin inspections are ___

A

within scope of 4A

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6
Q

Camara says that routine admin searches require ____

A

consent OR a warrant under 4A

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7
Q

In Camara, reasonableness ____

A

defines PC (rather than PC defining reasonableness)

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8
Q

Camara redefines PC as ___

A

flexible concept giving reasonableness foot in door as independent analysis

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9
Q
A
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10
Q

Under Terry, officers must be able to articulate ___

A

specific reasonable inferences that lead to conclusion person is armed and dangerous

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11
Q

To stop someone under Terry, police need ___

A

reasonable suspicion someone is/is about to/has recently committed a crime

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12
Q

To frisk under Terry, police need ___

A

reasonable suspicion armed and dangerous (specific inferences)

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13
Q

If you _____ you have almost always arrested them and then you need PC (____)

A

move someone from one location to another, Royer

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14
Q

Mimms says that it is permissible for an officer to ____ at a traffic stop

A

Mimms, order driver out of car

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15
Q

Maryland v. Wilson says that it is permissible for officer to ____ at a traffic stop

A

order passengers out of the car

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16
Q

Under Arizona v. Johnson, when a driver/passenger is lawfully detained in connection with traffic stop an officer may _____ regardless of ___

A

pat down if reasonable suspicion armed and dangerous, whether also reason to believe involved in criminal activity

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17
Q

Under Long, during a traffic stop it is permissible for police to have limited search of car only in _____

A

areas where weapon may be placed or hidden if RS to believe dangerous AND may gain immediate control of weapons

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18
Q

Remedies for Terry stops

A
  • city councils
  • CCRB
  • document every stop and frisk
    (NOT exclusionary rule)
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19
Q

A frisk is _____ full search

A

something less than

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20
Q

Justification for Terry

A
  • officer safety
  • is a search/seizure but it’s reasonable
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21
Q

Terry has been extended to ___

A

possessory offenses and enforcing narcotics law

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22
Q

Dunaway says all arrests must have PC even if ___

A

officer doesn’t call it an arrest

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23
Q

Royer facts

A

stopped in airport for drug courier profile, license different name than ticket/luggage tags/moved to room 40 feet away to search luggage

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24
Q

In Royer when the defendant provided key to luggage ___

A

detention had escalated from Terry to more serous intrusion functional equivalent of arrest (exclusion)

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25
Justification for Royer
- moved to room 40 minutes away and detained for 15 minutes - conduct more intrusive than necessary (could've searched on concourse/used drug dog etc)
26
Royer holds that officers must use ___
least intrusive means reasonably available
27
Royer holds that investigative detention ___
should not last longer than necessary to complete the stop
28
Place facts
stop man with bags in airport, let him go but take bags from LGA to JFK where dog can sniff them
29
Place outcome
Police can temporarily take luggage in airports but 90 minutes too long
30
Place says that officers cannot _____ but CAN ___
open luggage on RS, use dog sniff to dispel or augment level of suspicion
31
Length of stop in Sharpe
20 minutes
32
Sharpe says 20 minutes ___
to wait for backup was reasonable
33
Sharpe says no __
brightline rule about length of time can be stopped
34
Sharpe says to assess if Terry stop too long think about whether police ___
acted unreasonably in failing to recognize or pursue alt means of investigation
35
Mimms holds that officer safety is greater concern than ___
de minimum intrusion on driver's liberty
36
Courts are more willing to adopt brightline rules for Terry stops if ___
justified by officer safety
37
Johnson facts
registration suspension so stopped car, saw passenger wearing Crips gang colors and police scanner, said he was from town where Crips gang located so ordered out of car to pat down for gun
38
Why did officers in Long have RS driver armed and may gain control of weapons?
large hunting knife in car
39
Rationale behind Long
checking if driver would have access to potential weapons upon return to car
40
Dickerson is about ___
plain feel
41
Dickerson rule
plain feel seizure must be based on PC, if determine not a weapon but squeeze and manipulate object exceeds Terry authority
42
White holds that RP can arise from informant info ____
less reliable than required to show PC
43
Tip in White
cocaine carrier leaving apt complex at particular time in very specific car driving to specific motel
44
J.L. holds that ____ is not sufficient RS on its own to justify a stop and frisk
anon tip person carrying a gun
45
J.L. says that for anon tip to form basis of RS it must be ___
reliable in its assertion of illegality not just its tendency to identify particular person
46
J.L. says that anon tip must have some ___
predictive info in tip for officer to test credibility beyond ID
47
Arvizu facts
border patrol stopped mini van thinking it contained drugs (various facts)
48
Arvizu outcome
RS satisfied (give weight to officer experience and training)
49
Navarette facts
911 call that particular car (make, model, license plate) run caller off road, pulled over even though no additional traffic violations
50
Navarette outcome
911 sufficient indicia of reliability to make stop (info provided plus timeline of call)
51
Navarette says that absence of further poor driving as police observed )))
doesn't dispel RS and police shouldn't have to surveil car at length before stopping
52
Scalia dissent in Navarette
allows all anon tips by 911 that identify location of car
53
Heien facts
stopped based on erroneous belief state law required all cars to have both working stop lamps
54
Heien outcome
traffic stop premised on erroneous interpretation of state law complies with 4A as long as legal mistake objectively reasonable
55
Wardlow facts
police drove past building in high crime area and saw D holding opaque bag. D looked in direction of police and then fled, police chased
56
Wardlow held that there _____ RS
was (high crime + flight)
57
Wardlow says ____ is not enough by itself to be RS but it can be a factor
person's presence in high crime area
58
Wardlow says ____ are factors that police can consider
nervousness and running
59
Wardlow says that ____ is a significant factor towards RS and can establish it if ___
unprovoked flight, high-crime area
60
Stevens dissent in Wardlow
- plenty of reasons to run - record silent as to uniform and whether cop car marked
61
Weaver facts
high-crime area, stares at police car tugs at waist, cops pull over for failure to turn, spreads eagle but kept pressing torso against car
62
Weaver held there ____ RS
was
63
Weaver held that cop order to spread eagle didn't transform into search because ___
- no physical trespass - no invasion of area in which Weaver reasonable expectation of privacy
64
Lohier dissent in Weaver
eliminate high-crime neighborhood as a factor because allows minority neighborhoods to be seen as high crime
65

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