Laws of Arrest, Search, and Seizure Exam #3 Ch. 5-6

UCO Laws of Arrest, Search, and Seizure Exam #3 Ch. 5-6 Flashcards Spring 2025

Where does the term “Terry stop” come from?

Terry v. Ohio (1968)

What is the legal basis for a Terry stop?

Reasonable suspicion

What are the requirements for a Terry stop?

• Reasonable suspicion of conduct by suspect

• Articulable by officer’s knowledge

• Frisk regulates danger

• Limited duration and limited scope

When can a pat down be done in a Terry stop?

When there is fear for your safety

What are the guidelines for the circumstances leading to a Terry stop?

Unusual conduct that could become a crime

What are the guidelines for the perception of danger in a Terry stop?

There is a threat to officer safety

What are the guidelines to a pat down in a Terry stop?

Outer clothing only

What are the guidelines for if there is a weapon felt during the frisk of a Terry stop?

Seize it, at least temporarily

How many actions is in a stop and frisk?

Two distinct actions

Is a frisk automatically part of a Terry stop?

No, only if there is a threat to officer safety

What amendment does racial profiling violate?

5th Amendment “equal protection” clause

What did Whren v. U.S. (1996) decide?

Officers can complete pretextual stops if they would have done the stop no matter the race of the occupants

What did U.S. v. Sokolow decide?

Stops cannot be made on Drug Courier profile alone

What did Florida v. Royer (1983) decide?

A driver stopped by police cannot be forced to answer questions

What did Illinois v. Wardlow (2000) decide?

A stop can be made validly based on the suspect fleeing unproked.

What is a stop-and-frisk?

A form of search and seizure and therefore comes under the Fourth Amendment

What are the two major requirements for a stop?

• Circumstances

• Initial police action

What is the one justification for officers confiscating things in a frisk?

Whether the object might reasonably be considered a weapon

When can a frisk turn into a full-blown search?

If the officer gains probable cause to think the object is seizable

What constitutes plain touch?

If the officer, while performing a frisk, feels what they have probable cause to believe is a weapon, contraband, or evidence. This allows the officer to expand the search or seize the object.

Are “fishing expeditions” allowed?

No, a frisk cannot be used as a fishing expedition to see if their is any usable evidence

What levels of the law is racial profiling banned?

Most state laws and federal law, excluding terrorism and national security suspects

What is the definition of a stationhouse dentention?

Detention that takes place at the police station and is used for obtaining fingerprints, photographs, conducting police lineups, or securing identification or other types of evidence

What is the definition of a stop?

Detaining a person briefly so the officer can ask questions

What is the definition of a frisk?

A pat-down for weapons

What is the first question during an arrest?

Whether or not it is a seizure under the Fourth Amendment

When does a seizure occur?

When there is a governmental termination of freedom of movement through means intentionally applied

What is the definition of actual seizure?

The taking of a person into custody with the use of hands, force, or firearms

What is the appropriate test to determine whether a seizure has occurred?

Whether a reasonable person viewing the particular conduct as a whole and within the setting would have concluded that the police had restrained a person’s liberty so they were not free to leave

What is the definition of arrest?

The taking of a person into custody against their will for the purpose of criminal prosecution or interrogation

What are the four elements of arrest?

• Seizure and detention

• Intention to arrest

• Arrest authority

• The understanding of the individual that they are being arrested

When is a warrant needed for an arrest?

• If the crime is not committed in front of the officer

• If the suspect is in a private residence and there is no need for immediate arrest

• In home entries for minor offenses

What is the definition of an arrest warrant?

A writ issued by a duly authorized person that instructs an officer to bring the person to a judge in connection with an offense with which they have been charged

Who issues an arrest warrant?

A neutral and detached magistrate

What is the definition of a neutral and detached magistrate?

An issuing officer who is not unalterably aligned with the police or prosecutor’s position in the case

Who is the warrant directed to?

Any peace officer in the jurisdiction

How often do arrests occur without a warrant?

About 95% of the time

What are the five situations where police can arrest without a warrant?

• Felonies committed in the presence of an officer

• Misdemeanors committed in the presence of an officer

• Crimes committed in public places

• When exigent circumstances are present

• When there is danger to the arresting officer

What is the definition of exigent circumstances?

Emergency circumstances that make obtaining a warrant impractical, useless, dangerous, or unnecessary, and that justify warrantless arrests or entries into homes or premises

What can an officer do after an arrest?

• Search the arrestee

• Search the area of immediate control

• Search the passenger compartment of a motor vehicle

• Use handcuffs

• Monitor the arrestee’s movements

• Search place of detention

What can an officer not do during a search?

• Enter a third-party residence

• Conduct a warrantless search

• Invite the media to ride along

What must an officer do before entering a dwelling?

Knock-and-announce

What are exceptions to the knock-and-announce rule?

• Officer or civilian safety

• To preserve evidence

When can non-deadly force be used?

AS long as it is reasonable

When is it reasonable for an officer to use deadly force?

When the officer has probable cause to believe the suspect poses a threat of serious physical harm