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NOCTI 10
Vehicle Stops
| Question | Answer |
|---|---|
| A vehicle stop is a form of _________ invoking protection of the Fourth Amendment. | seizure |
| The is the minimal level of proof necessary to conduct a vehicle stop for possible involvement in criminal activity. This level is needed for suspicion of involvement of criminal activity. | reasonable suspicion |
| What is the warrantless stop based upon probable cause that a traffic violation has occurred. | Terry stop (temporary detention) |
| A law enforcement practice for halting traffic, not strictly a form of detention, but limits a persons freedom of movement by blocking vehicular movement.This is a warrantless stop, without PC and is an exception to the rule requiring reasonable suspicion | checkpoint |
| A form of a roadblock in which police stop every car for the purpose of controlling drunk driving that does not violate the 4th Amendment. It requires a NON-RANDOM, well conceived and constructed plan leaving no discretion to the operating officer | sobriety checkpoint |
| Roadblocks routinely conducted permanently, all vehicles are stopped, briefly questioned and can be referred to a secondary inspection area. (US v Martinez) | roadblocks to control the flow of illegal aliens |
| When making a stop, the officer asks the driver to give proof of____. | drivers license, registration, and insurance |
| Can a single vehicle be stopped to check to see if the driver has a drivers license and registration, then call it a checkpoint. | No, requires reasonable suspicion of involvement in criminal activity of probable cause that the driver has violated the traffic law |
| Temporary detention of the vehicle based on probable cause to believe the traffic laws had been broken, the subjective intent of the officers does not make the stop invalid if there was in fact a valid reason for the stop | pre-textual stop |
| Narcotics agents stopped an intended target whom they knew had drugs in the vehicle, while conducting surveillance, the target ran a stop sign and the Narcotics agents stopped him on a pre-textual stop. Case? | Whren v US (1969) |
| After an officer makes a Terry stop, the expectation of most drivers is _______. | to be cited then released |
| How can an officer search the vehicle without probable cause or a warrant? | If there is a valid consent to search. |
| What is it called when the search is limited by the extent of the consent given | the scope |
| For a person to give consent to search , the consent must be____. | voluntary, intelligent, and with consent authority |
| Is written consent required? | No, but is a good idea for proof in court |
| What is the purpose of SITA? | officer safety, prevent loss or destruction of evidence, and to prevent escape |
| What is the level of proof required for SITA? | probable cause |
| What are the limitations to SITA? | search must be contemporaneous and can search the wingspan of the arrestee |
| What case developed the Carroll Doctrine/automobile exception | Carroll v US (1925) |
| What was the ruling in the Carroll case? | A search of an automobile does not need a warrant but still requires probable cause that seizable items are contained in the vehicle |
| What are the two requirements for the Carroll Doctrine? | The vehicle must be mobile and there must be probable cause |
| There is a diminished expectation of privacy surrounding an automobile as compared to a house or a person. T/F | True |
| What court case?Police may conduct a warrantless search of a container located in a vehicle with probable cause that the container contains contraband or evidence even though they lack the probable cause to search the vehicle as a whole. | California v Acevedo (1991) |
| What kind of searches are allowed to secure an arrestee's property from loss or damage and to protect the police from false claims | warrantless inventory |
| What are the two prerequisites for the valid inventory search of a motor vehicle? | The police must follow standard procedures and there must be no bad faith on the part of the police |
| Why must police follow standardized procedures? | to eliminate their uncontrolled discretion to determine the scope of the search |
| What does it mean for the police to not act in bad faith while conducting an inventory search? | the inventory search must not be used as an excuse for a warrantless search |
| What case is based on inventory searches? | Colorado v Bertine (1987) |
| What case? Absent any highway patrol policy with the opening of closed containers the instant search was sufficiently regulated to satisfy the 4th Amendment. | Florida v Wells (1990) |
| What case? the court held that a person traveling in a car on a public road has no reasonable expectation of privacy, so visual surveillance by the police does not constitute a search, however once the vehicle enters an area where the driver has | US v Knotts (1983) |
| What case? the government attachment (with/without a warrant) of the GPS device to the vehicle and its use of the device to monitor the vehicle movements constitutes a search under the 4th Amendment and violates the defendants constitutional right. | US v Jones |
| A field sobriety test done by policed officers is | Horizontal Gaze Nystagmus |
| After an officer makes a Terry Stop, the Expectation of most drivers is | To be cited and released |
Created by:
Jalessi