1. A law enforcement officer’s power to detain and question suspicious persons dates back to _____.
a.
the common law of England
b.
the Magna Carta
c.
the Peelian Reforms
d.
biblical times
b
The Foundations for Stop and Frisks
CPCJ.FERD.16.8.1
Bloom’s: Analyze
2. Select the true statement.
a.
b.
c.
d.
b
The Foundations for Stop and Frisks
CPCJ.FERD.16.8.2
Bloom’s: Understand
3. A limited search of a person is most accurately described as a(n) ______.
a.
seizure.
b.
arrest.
c.
frisk.
d.
stop.
Frisks
CPCJ.FERD.16.8.2
4. An officer observes an individual talking with known drug addicts over a period of several hours. The officer
eventually approaches the individual and pulls illegal drugs out of the suspect’s pocket after the suspect has thrust his
hand into his pocket first. The officer testifies that he never saw nor believed that the suspect had a weapon. What
position would the courts most likely take pertaining to this seizure?
a.
uphold the search as legal
b.
throw out the search as an illegal seizure
c.
look at the totality of the circumstances including the suspect’s prior record
d.
none of these
b
Specific Circumstances Justifying Stops and Frisks
CPCJ.FERD.16.8.5
Bloom’s: Apply
5. Stop and frisk procedures are serious intrusions on a person’s privacy and are governed by which of the following
Amendments to the Constitution?
a.
First
b.
Third
c.
Fourth
d.
Fifth
b
Stops
CPCJ.FERD.16.8.3
Bloom’s: Evaluate
6. The determination of the reasonableness of stops and frisks involves balancing a person’s right to privacy and right to
be free from unreasonable searches and seizures against _____.
a.
governmental interests.
b.
government interests, crime prevention/detection.
c.
safety of law enforcement officers and crime prevention/detection.
d.
governmental interests, crime prevention/detection, and safety of law enforcement officers.
d
Frisks
CPCJ.FERD.16.8.3
Bloom’s: Evaluate
7. A person has been seized (within the meaning of the Fourth Amendment) if in view of all of the circumstances
surrounding the incident, a reasonable person would have believed _____.
a.
that (s)he was not free to leave.
b.
that (s)he was free to leave.
c.
that (s)he could remain silent.
d.
(s)he was restricted only if the officer was physically touching her/him.
b
The Foundations for Stop and Frisks
CPCJ.FERD.16.8.1
Bloom’s: Evaluate
8. Often times in cases involving the seizure of a person, the Supreme Court will examine which of the following?
a.
reasonableness of the suspect’s action.
b.
experience of the law enforcement officer.
c.
venue in which the actions occurred.
d.
totality of the circumstances.
b
CPCJ.FERD.16.8.4
Bloom’s: Understand
9. If a show of authority by a law enforcement officer does not result in a halting or submission by the person being
confronted, there is _____ under the Fourth Amendment.
a.
no seizure
b.
seizure
c.
limited seizure
d.
an arrest
Stops
CPCJ.FERD.16.8.1
Bloom’s: Analyze
10. A _____ is the least intrusive type of seizure of a person under the Fourth Amendment.
a.
frisk
b.
pat-down
c.
stop
d.
pursuit
Stops
CPCJ.FERD.16.8.1
Bloom’s: Analyze
11. A police officer who detains a person must have _____ supported by articulable facts that criminal activity may be
afoot.
a.
probable cause
b.
reasonable suspicion
c.
color of authority
d.
legal ground
b
Stops
CPCJ.FERD.16.8.4
Bloom’s: Understand
12. A police officer stops a person on the basis of reasonable suspicion. The officer also has reasonable suspicion to
believe the person is armed. During the pat-down, the officer feels what he thinks could possibly be a small baggie
containing drugs, but the officer is unsure. Based on this information, the officer:
a.
can request the consent of the person to pull the object out.
b.
is justified to put his hand into the person’s clothing and pull the object out.
c.
has enough to establish probable cause that the person possesses drugs.
d.
has the reasonable suspicion required to retrieve the object.
Stops
CPCJ.FERD.16.8.5
Bloom’s: Understand
13. Officers may stop a person or a vehicle on the basis of which of the following?
a.
police flyer and bulletin, but not a radio dispatch
b.
bulletin and radio dispatch, but not a police flyer
c.
radio dispatch and police flyer, but not a bulletin
d.
a police flyer, bulletin, or a radio dispatch
d
Stops
CPCJ.FERD.16.8.4
KEYWORDS:
Bloom’s: Understand
14. _____ is a less demanding standard than _____.
a.
Reasonable suspicion; probable cause
b.
Probable cause; reasonable suspicion
c.
Factual belief; probable cause
d.
Prudent oversight; reasonable suspicion
ANSWER:
REFERENCES:
LEARNING OBJECTIVES:
KEYWORDS:
Bloom’s: Evaluate
15. Courts have consistently ruled that an investigative detention must be temporary and last no longer than _____.
a.
thirty minutes.
b.
sixty minutes.
c.
necessary to effectuate the purpose of the stop.
d.
necessary for the officer to determine whether a felony has been committed.
ANSWER:
REFERENCES:
LEARNING OBJECTIVES:
KEYWORDS:
Bloom’s: Apply
16. Many things can affect the reasonableness of a police initiated stop. According to the text and the most recent case
law, usually a case that involves a stop of _____ is probably outside an acceptable time limit.
a.
five to ten minutes
b.
ten to fifteen minutes
c.
twenty to twenty-five minutes
d.
thirty to thirty-five minutes
ANSWER:
REFERENCES:
LEARNING OBJECTIVES:
KEYWORDS:
Bloom’s: Apply
17. The case that established the foundation for stop and frisk is:
a.
Terry v. Ohio
b.
United States v. Dortch
c.
United States v. Sharpe
d.
United States v. Place
ANSWER:
REFERENCES:
The Foundations for Stop and Frisks
LEARNING OBJECTIVES:
KEYWORDS:
Bloom’s: Evaluate
18. United States v. Seelye listed six factors and circumstances to be considered in determining the amount and kind of
force that is reasonable and consistent with an investigative stop. Which of the following is NOT one of those factors?
a.
number of officers and police cars involved
b.
nature of the crime and whether there is reason to believe that the suspect is armed
c.
need for immediate action by the officer
d.
the training and experience level of the officer(s) involved
Stops
Bloom’s: Apply
19. Which of the following most accurately describes a limited search of a person’s body consisting of a careful
exploration or pat-down of the outer surfaces of the person’s clothing in an attempt to discover weapons?
a.
pat-down
b.
frisk
c.
body search
d.
strip search
The Foundations for Stop and Frisks
Bloom’s: Understand
20. Before conducting a frisk, an officer must believe which of the following to be true?
a.
he is dealing with an armed and dangerous individual
b.
he must visibly see a weapon present
c.
he must possess probable cause to proceed on with the search
d.
he believes the suspect is guilty of traffic violations
CPCJ.FERD.16.8.5
Bloom’s: Understand
21. The initial stages of a frisk must be limited to _____.
a.
the existence of probable cause.
b.
a pat-down of the outer clothing.
c.
a search of pockets or other ‘holding’ devices.
d.
nothing except for a strip search.
Frisks
Bloom’s: Apply
22. During the initial stages of a frisk, an officer feels a soft object about the size of a quarter in the suspect’s coat pocket.
Realizing that it is not a weapon and unable to conclude that the item is contraband, courts have ruled that without further
probable cause the officer should:
a.
proceed on with the search.
b.
call for a narcotics officer and get his expertise.
c.
cease and desist with the search once he realizes that it is not a weapon.
d.
use the feel of the item as probable cause to obtain a warrant.
Bloom’s: Apply
23. Relying on the plain view doctrine, the Minnesota v. Dickerson ruling stated that officers could seize non-threatening
contraband, such as drugs, if its identity as contraband is immediately apparent to the sense of touch. What is this
exception more commonly known as?
a.
reasonable grasp motion.
b.
plain touch exception.
c.
plain view doctrine.
d.
one-motion grasp exception.
Detentions of Containers and Other Property
Bloom’s: Understand
24. Based on the totality of circumstances, which of the following factors is not generally considered in an inquiry
determining whether or not a “seizure” has occurred?
a.
whether the officer displayed a weapon
b.
the number of officers involved
c.
whether the officer involved was undercover or in uniform
d.
the language used and the tone of voice of the officer during the interaction
Specific Circumstances Justifying Stops and Frisks
25. An officer observes an individual leaving a place the officer believes to be a drug house. As the officer approaches,
the man makes furtive gestures, reacts nervously, and changes course quickly before the officer yells out for the man to
stop. The man stops. The man is carrying a locked case. Given this scenario, select the true statement.
a.
The officer is justified to immediately pry open the case and search it.
b.
The officer is justified to temporarily detain the man and case and have the case sniffed by a drug canine.
c.
The officer cannot temporarily detain the person, but is justified in detaining the case.
d.
The officer has probable cause and is justified to place the man under arrest.
Specific Circumstances Justifying Stops and Frisks
Bloom’s: Apply
26. In the case of United States v. Place, the courts ruled that seizure of a suspect’s luggage suspected of containing drugs
for approximately _____ in order to transport the luggage to another airport for a canine sniff was excessive.
a.
one hour
b.
ninety minutes
c.
four hours
d.
eight hours
Detentions of Containers and Other Property
Bloom’s: Apply
27. Officer Brewer stops a vehicle because it does not have brake lights. However, he is using this reason for a traffic
stop because he believes the subjects in the vehicle may be involved in illegal activity involving drugs and wants to check
them out. Which of the following most accurately describes this scenario?
a.
illegal stop
b.
Terry stop
c.
pretextual stop
d.
procedural stop
Traffic Stops
Bloom’s: Apply
28. When a court must consider whether a particular seizure or frisk is reasonable or unreasonable, the court considers the
inquiry from which perspective?
a.
the citizen involved.
b.
the reasonable person.
c.
the average officer.
d.
the individual officer involved.
The Foundations for Stop and Frisks
Bloom’s: Evaluate
29. Which of the following most accurately describes a police initiated action that relies solely on the race, ethnicity, or
national origin of a person and not his or her behavior?
a.
pretextual stop
b.
racial profiling
c.
bias-based traffic control
d.
authoritative pretext
Traffic Stops
Bloom’s: Understand
30. An officer stops a person travelling in their car based on reasonable suspicion. The officer requests that the person
step out of the vehicle and the person complies. The officer immediately notices a tattoo on the arm of the person that is
common among members of a particular gang in the area known to engage in violence toward officers, thus giving the
officer reasonable suspicion to believe the person may be armed. The officer has not secured the person. At this point the
officer is legally permitted to:
a.
b.
c.
d.
Traffic Stops
CPCJ.FERD.16.8.5
Bloom’s: Understand
31. As the delay between the development of reasonable suspicion on the part of the officer and the actual stop grows
longer, courts may find that the suspicion has “evaporated.”
a.
True
b.
False
True
Stops
CPCJ.FERD.16.8.6
Bloom’s: Apply
32. The Fourth Amendment does not govern seizures of the person which do not eventuate in a trip to the station house
and a formal arrest at the station house.
a.
True
b.
False
False
The Foundations for Stop and Frisks
CPCJ.FERD.16.8.1
Bloom’s: Analyze
33. An officer who observes a blown taillight, cracked windshield, or failure to signal when changing lanes may stop a
vehicle even if a hypothetical “reasonable officer” would not have been motivated by a desire to enforce the traffic laws.
a.
True
b.
False
True
Traffic Stops
CPCJ.FERD.16.8.4
Bloom’s: Understand
34. If a show of authority by a law enforcement officer does not result in a halting or submission by the person being
confronted, it is still considered a seizure under the Fourth Amendment.
a.
True
b.
False
False
The Foundations for Stop and Frisks
CPCJ.FERD.16.8.1
Bloom’s: Analyze
35. The United State Supreme Court has ruled that an officer may rely on their own experience and specialized training to
establish reasonable suspicion that might not be available to an untrained person.
a.
True
b.
False
True
Stops
CPCJ.FERD.16.8.3
Bloom’s: Evaluate
36. The police may conduct a checkpoint for general law enforcement purposes.
a.
True
b.
False
False
Traffic Stops
CPCJ.FERD.16.8.4
Bloom’s: Understand
37. An anonymous tip that a particular person at a particular location is dealing drugs is not, without more information,
sufficient to justify law enforcement officers in stopping and frisking that person.
a.
True
b.
False
True
Stops
CPCJ.FERD.16.8.6
Bloom’s: Apply
38. An investigative detention may last as long as the officer feels necessary.
a.
True
b.
False
False
Stops
CPCJ.FERD.16.8.4
39. A law enforcement officer’s authority to frisk is limited and narrowly drawn.
a.
True
b.
False
True
Stops
CPCJ.FERD.16.8.5
Bloom’s: Understand
40. The USA Patriot Act has broadened the government’s power to detain individuals within the United States for long
periods of time on apparently nothing more than reasonable suspicion once such persons have been classified by the U.S.
government as an enemy combatant.
a.
True
b.
False
True
Detentions, the USA PATRIOT Act, and the War on Terror
CPCJ.FERD.16.8.6
Bloom’s: Evaluate
41. The term _____________ is a designation given to individuals who were captured by the United States on suspicion
of being involved in terrorist activities by being a part of or supporting Taliban or al Qaeda forces, or associated forces
that are engaged in hostilities against the United States or its coalition partners.
42. A(n) ______________ is the combination of an officer’s words and actions that would convey to a reasonable person
that his or her freedom of movement is being restricted such that the person is not free to leave.
43. A law enforcement officer may detain property for a brief time if the officer has a ______________ that the property
contains items subject to seizure.
44. An officer stops a vehicle for a minor equipment violation in order to investigate a more serious crime involving the
occupants. This is often referred to as a(n) _____________.
45. A body of international law collectively referred to as the ______________ has developed over the centuries to set
rules for the treatment of prisoners of war captured on the battlefield in war time.
46. Generally speaking, ______________ is needed to support an anonymous tip and provide reasonable suspicion to
justify an investigatory stop.
47. A police officer may detain property for a short period of time if he has a reasonable, articulable suspicion that the
property contains items subject to seizure. The property may not be searched without a search warrant, but the officer
may subject the property to a properly conducted ______________.
48. Stop and frisk procedures are serious intrusions into a person’s privacy and are governed by the ______________
Amendment.
49. A suspect brakes abruptly and pulls into a private driveway while extinguishing his headlights before getting to a
sobriety road check in order to avoid being questioned by the police. These acts would best be described as
______________ gestures.
50. Many states and the federal government have rules prohibiting ______________ by law enforcement officers. Many
states require law enforcement agencies to collect statistical data on the race and ethnicity of persons pulled over for
traffic stops.
51. Describe the distinctions between a stop and a formal arrest.
52. What is the difference between a frisk and a full search?
53. What is meant by a show of authority?
54. Define and give an example of a pretextual stop.
55. Discuss one court case that had a significant impact concerning sobriety checkpoints and roadblocks used by the
police.
56. Name some of the justifications given by the courts as to when a law enforcement officer can frisk a person.
57. Briefly describe the history and purpose of the origination of the Geneva Conventions.
58. Explain how the courts have defined reasonableness, as the concept relates to stops and to frisks.
59. Define what is meant by a furtive gesture and give two examples.
60. Explain the importance of the concept of “flight” – both in terms of establishing reasonable suspicion and in the
context of making a determination about whether a person has been seized or not.