3rd class

Question 1

TERRY STOP of vehicles:

Answer 1

• must be based on RS
• examples of stops based on RS:
  • traffic violations
  • BOLO
  • 3rd party information
    (witness/victims)

Question 2

what you can do on a Terry stop:

Answer 2

• order everyone out of the vehicle
• order everyone to remain in the vehicle
• use flashlight to illuminate the vehicle
• run license and registration checks
• questions about travel plans

Question 3

TERRY FRISK of vehicles:

Answer 3

• RS to stop the vehicle
• RS suspect is presently armed and dangerous
• suspect MUST be occupant or recent occupant of the vehicle
• may frisk driver and vehicle for weapons only

Question 4

scope of frisk of vehicle:

Answer 4

• entire passenger compartment
• unlocked containers ONLY (glove box, suitcase)
• GENERALLY CANT FRISK TRUNK!

Question 5

pretextual stops:

Answer 5

• PERMISSIBLE if you have RS
• subjective motive for the stop was to investigate criminal activity the officer does not have reasonable suspicion to investigate

Question 6

racial profiling:

Answer 6

• selective enforcement of law based on race!

Question 7

DOJ guideline on racial profiling:

Answer 7

• prohibits use of race as sole factor to justify stops

- ex: race, gender, sexual preference, identity, national origin, religion

Question 8

unlawful use of race:

Answer 8

• arrests or stops based on RACE or STEREOTYPES

Question 9

lawful use of race:

Answer 9

• BOLOS

- national security (TERRORISM)

Question 10

PC to arrest:

Answer 10

• facts and circumstances are sufficient to warrant a man of prudence in the belief that a crime was committed, and defendant committed that crime.
• DOES NOT REQUIRE 100% ACCURACY!

Question 11

PC to search a location:

Answer 11

• facts and circumstances are sufficient to warrant a man of prudence in the belief that evidence of a crime will be found at the location searched at the time of the search
• 3 things needed to search a location:
  1) crime committed
  2) evidence exists
  3) evidence in location

Question 12

how to establish PC:

Answer 12

1) direct observation
2) officer senses
3) collective knowledge
4) training and experience
5) trained dogs
6) undercover operation
7) surveillance
8) victims/witnesses
9) anonymous tipsters/informants

Question 13

1) direct observation

Answer 13

• observe crime in progress

Question 14

2) officer senses

Answer 14

• smell of marijuana

Question 15

3) collective knowledge

Answer 15

• many officers working together as a whole

- PC does not have to come from arresting officer

Question 16

4) training and experience

Answer 16

• you can use it but can’t SOLELY rely on it

- YOU MUST HAVE SUPPORTING FACTS

Question 17

5) trained dogs

Answer 17

• dog has to be well trained

Question 18

6) undercover operations

Answer 18

• you may be able to use a wire

- contact AUSA first

Question 19

7) surveillance

Answer 19

• follow target and make observations

- may use a tracking device without a warrant, consult AUSA first!

Question 20

8) victims/witnesses

Answer 20

• courts see them as reliable

Question 21

9) anonymous tipsters/INFORMANTS

Answer 21

• courts see them as unreliable

- MUST take extra steps to show they’re reliable

Question 22

problems with confidential informants:

Answer 22

• ulterior motives
• intimately involved in criminal activity
• competitive

Question 23

Aguilar test (to show informants are reliable):

Answer 23

• two prong test
  • credible source:
    a) proven track record of accuracy
    b) statements against interest OR
    c) corroboration
  • basis of knowledge:
    a) first hand knowledge OR
    B) intimate details about the crime
• IN ORDER TO PASS AGUILAR TEST YOU NEED ONE FROM EACH PRONG!