Law Enforcement Constitutional and Case Law 2 — Questions and Answers
Question 1: Under Terry v. Ohio (1968), an officer may stop and frisk a person based on what standard?
- Probable cause
- Reasonable suspicion of criminal activity and that the person is armed (Correct answer)
- A mere hunch
- Consent only
Correct answer: Reasonable suspicion of criminal activity and that the person is armed
Terry permits a brief stop on reasonable, articulable suspicion of crime and a frisk for weapons if the officer reasonably believes the person is armed.
Question 2: A Terry frisk is limited to what purpose?
- A full search for evidence
- Recovering contraband of any kind
- A pat-down of outer clothing for weapons (Correct answer)
- Searching containers and pockets freely
Correct answer: A pat-down of outer clothing for weapons
A Terry frisk is a protective pat-down of outer clothing limited to discovering weapons, not a general evidentiary search.
Question 3: Under the 'plain feel' doctrine from Minnesota v. Dickerson, an officer may seize an item during a frisk only if its identity as contraband is what?
- Immediately apparent by touch (Correct answer)
- Confirmed after manipulation
- Suspected based on location
- Revealed by a later search
Correct answer: Immediately apparent by touch
Dickerson allows seizure only when the contraband's incriminating nature is immediately apparent through the pat-down without further manipulation.
Question 4: What constitutional amendment protects against unreasonable searches and seizures?
- First
- Fourth (Correct answer)
- Fifth
- Sixth
Correct answer: Fourth
The Fourth Amendment guards against unreasonable searches and seizures and sets warrant requirements.
Question 5: In Illinois v. Wardlow, the Supreme Court held that unprovoked flight in a high-crime area can support what?
- Probable cause to arrest
- Reasonable suspicion for a Terry stop (Correct answer)
- An automatic search warrant
- Nothing relevant to a stop
Correct answer: Reasonable suspicion for a Terry stop
Wardlow held that headlong, unprovoked flight in a high-crime area is a factor supporting reasonable suspicion for a stop.
Question 6: How long may an investigative detention based on reasonable suspicion last?
- Up to 24 hours
- Only as long as needed to confirm or dispel suspicion (Correct answer)
- Indefinitely until charges are filed
- Exactly 20 minutes by law
Correct answer: Only as long as needed to confirm or dispel suspicion
A Terry stop must be temporary and last no longer than necessary to diligently pursue the investigation that justified it.
Question 7: An officer needs reasonable suspicion to stop a vehicle for a traffic violation. This rule stems primarily from interpretation of which amendment?
- Second
- Fourth (Correct answer)
- Eighth
- Tenth
Correct answer: Fourth
Traffic stops are seizures, so the Fourth Amendment requires at least reasonable suspicion that a violation occurred.
Law Enforcement Constitutional and Case Law 2
Under Terry v.
Ohio (1968), an officer may stop and frisk a person based on what standard?