CJUS 5 (stop and frisk)(entrapment)

e. if the officer retrieves an object that felt like a weapon due to its shape but is some other implement of a crime such as a burglar tool, that implement is not admissible in evidence for the crime to which it relates

In regards to a frisk, select the statement that is false

b. the US supreme court said that although the defendant may not have felt free to leave because the bus was soon to depart, his freedom of movement was restricted by a factor independent of police conduct, consequently the criteria of a seizure was not met.

select the answer that is true as it relates to the issue of whether or not a seizure has taken place as defined by the US supreme court: two law enforcement officers walked up to the defendant who was witting on a bus scheduled to depart soon. they asked him a few questions and asked whether they could search his bags

a. a stop and frisk which is initially justifiable cannot involve into a seizure tantamount to an arrest even if probable cause is lacking to arrest

which of the following is false as it pertains to a stop and frisk situation?

a. an articulable suspicion that criminal conduct or a civil violation has occurred or is occurring or is about to occur and the officer’s suspicion must be objectively reasonable in the totality of the circumstances

select the answer that accurately (legally) completes the following statement. In order to support a brief investigatory stop of a motor vehicle a police officer must have

No

Yes or No: In Terry v Ohio, Sibron v New York, and Peters v New York, the Supreme court attempted to balance the needs of law enforcement and the constitutional rights of persons by applying the Fifth amendment standard of “reasonableness”

Yes

Yes or No: the main issue in Terry v Ohio were that the search was unreasonable and the evidence admitted into evidence at trial was inadmissible.

No

Yes or No: the US supreme court did not affirm the convictions of Terry and Chilton ruling the police created an illegal seizure based on the specific action the officer took

Yes

Yes or No: a stop and frisk represents a lesser restraint than a traditional arrest and search, however, the procedure is still governed by the Fourth amendment

Yes

Yes or No: the Terry case made clear that stop and frisk is governed not by the Warrant Clause of the Forth amendment, but by the Reasonableness Clause.

No

Yes or No: the Terry case authorized a routine frisk of everyone on the street seen or encountered by an officer

No

Indicate if a seizure has occurred: Game Wardens pull their truck to the side of the road. They exit and stand there having noticed an ATV approaching from half a mile down the road. They do not activate the emergency lights on their vehicle. They do not orally instruct the person to stop and they did not signal the person to stop. The ATV rider stops at the Warden’s location. A seizure has occurred due to the presence and actions of the officers

Yes

Indicate if a seizure has occurred: The officer approaches an occupied vehicle and instructs, instead of asking the driver to put down the window

No

Indicate whether entrapment has taken place: A game warden placed a plywood silhouette deer by the side of the road to see if a hunter would fire their weapon at the decoy at night thereby committing the offense of night hunting

Yes

Indicate whether entrapment has taken place: A police officer tells an intoxicated man to move his automobile from a no parking zone

Yes

Indicate whether entrapment has taken place: Inducement may be accomplished by a third party “middleman” who is unaware that he or she is helping a police officer

reasonableness; totality of the circumstances

A Terry investigatory stop is valid as a recognized exception to the warrant requirement of the Fourth amendment only on the satisfaction of both of two conditions. 1:________2:______________

a lack of predisposition on the part of the defendant to commit the offense.

The law court in State v. Rivers stated that the defense of entrapment has two elements: government action that induced the defendant to commit the crime and ________________

Yes; State v, Gulick

You are an officer on patrol. You observe a car pull into a parking lot of a closed emergency medical care facility at almost 3 in the morning. You have concern that the occupants might have a medical or other emergency or that illegal activity is in progress. You approach the driver, and inquire why he is in the parking lot. You also request verification of his license to operate before allowing the driver to precede. Was the part of the detention by the law enforcement official whereby the officer makes inquiry as to whether or not the operator is licensed to drive a REASONABLE OR NOT intrusion when the officer’s initial contact with the operator was based on reasonable and articulable facts of a concern for safety or wrongdoing? Give the name of the court case.

No

You are a Portland officer in uniform and on patrol. you conduct a Terry stop. considering the requirement of Miranda, are you required to give the person you stopped the Miranda warning if you ask questions that could elicit from the individual an incriminating response?

Yes; 4-13

Officer Barney Fife is on patrol in uniform and in a marked police vehicle. the officer sees Mike Jones operating a motor vehicle. the officer knows that Jones has been involved in various types of criminal conduct. using his radar unit, officer Fife determines that Jones is operating the motor vehicle at 9 miles per hour over the speed limit. Officer Fife uses the over the speed limit reason to stop Jones to see if his interaction with Jones produces any information Jones it contemplating or engaged in some sort of criminal activity. Can Officer Fife use any incriminating evidence of criminal activity he may find since the stop was for speeding? Give the L.E.O.M. page.

Yes

You are a uniformed police officer. you get called to the local movie theater. the manager at the movie theater tells you that he caught a man with a video camera recording the movie that is playing at the theater. Is the man with the video camera committing a crime?

T

T or F- once the entrapment defense is successfully raised, the burden of proof shifts to the prosecution who must prove beyond a reasonable doubt that the officers or their agents did not improperly induce the illegal activity or that the defendant had a predisposition to commit the crime charged

T

T or F- an investigative stop must be temporary and last no longer than is necessary to effectuate the purpose of the stop

F

T or F- you are a police officer and you stop a suspected drunk driver. you want to ask the driver if he has had any alcohol to drink recently and if so how much has he consumed. you also want to request he stop from the vehicle and perform a field sobriety test. you must first read the individual Miranda as he is in custody, and you are asking questions designed to get an incriminating response

T

T or F- an officer who has lawfully stopped a motor vehicle may, for personal safety reasons, order the driver out of the vehicle, even though the officer has no reason to suspect foul play from the particular driver at the time of the stop

T

T or F- an officer may stop a person based on an informant’s tip if the tip is deemed reliable and provides reasonable, articulable suspicion of criminal activity

T

T or F- the law enforcement officer’s determination of whether to frisk a suspect is a separate issue from the determination of whether to stop

T

T or F- the only justifiable purpose of a frisk is the protection of the officer and others

F

T or F- the law enforcement officer may stop a person for purposes if investigating possible criminal behavior, investigating a possible civil violation, and for safety purposes, as long as the officer has probable cause

T

T or F- in determining the reasonableness of the duration of a Terry stop, courts consider the law enforcement purposes to be served by the stop as well as the time reasonably needed to effectuate those purposes

T

T or F- i determining the legality of a stop, the court will not accept an officer’s mere statement or conclusion that criminal activity was suspected

F

T or F- the officer’s authority to make an investigatory stop is limited to crimes about to be committed or crimes in the process of being committed

T

T or F- a frisk during a Terry stop situation will be justified if the suspect refuses to comply with the officers instruction to show his or her hands

T

T or F- reasonable force can be employed in certain circumstances and the stop can remain within the context of a Terry stop

F

T or F- a police officer needs some justification or level of suspicion to approach a person in a public place to ask the person if he/she is willing to answer questions

F

T or F- a law enforcement officer may not stop a person on the basis of a notice that another law enforcement agency has a reasonable, articulable suspicion that the person was involved in a crime

F

T or F- police may move a suspect from the place of the stop to the police station on the basis of reasonable suspicion without the stopped person’s consent

F

T or F- nervous and evasive behavior may not be a factor in determining reasonable suspicion

T

T or F- the mere presentation by government agents of an opportunity for a defendant to commit a crime, does not constitute inducement and therefore entrapment

F

T or F- for an investigative stop, the officer need only show facts indicating the high probability that criminal behavior is afoot

T

T or F- evidence will be suppressed by the court in instances where the officer made a seizure of a person and at the time did not have reasonable articulable suspicion

T

T or F- the test for determining if a person has been seized is whether the officer’s words and actions would have conveyed to a reasonable person that his or her movement is being restricted

F

T or F- the US supreme court held that the stop by officers of a man in a high crime area, coupled with his sudden flight, did not constitute reasonable suspicion to make a Terry stop and investigate further.

F

T or F- the courts in evaluating reasonable suspicion for a stop, cannot take into account a police officer’s subjective inferences to the extent they reflect the officer’s experience and expertise, rather, the court must view the stop through the eyes of the average citizen

F

T or F- when an officer draws his gun in a Terry stop situation the action by the officer will always automatically transform the Terry stop into an arrest

F

T or F- unprovoked flight, in and of itself, can provide either probable cause to arrest or reasonable suspicion justifying a stop

T

T or F- the constitutional limitations set out in the Terry case applied to the stop of a motor vehicle, whether the vehicle is in motion or at rest period

T

T or F- there is no seizure as long as the police do not convey the message that compliance with their request is required