COMPLETE QUESTIONS AND SOLUTIONS
GUARANTEED TO PASS
◉ consensual encounters. Answer: require no justification
◉ investigative detention. Answer: require reasonable suspicion
◉ arrests. Answer: require a showing of probable cause
◉ for the purpose of the 4th amendment and article 11 an
investigative detention is considered a. Answer: seizure
◉ Reasonable suspicion defined. Answer: some level of suspicion
greater than a mere suspicion or hunch but less than probable cause
◉ An officer may detain a person for. Answer: a reasonable amount
of time or the time necessary to confirm the officers articulable facts
to support or deny suspicion of criminal activity
◉ During an investigative detention people are NOT required by law
to identify themselves to police officers. Answer: People are not
required to identify themselves to officers during a detention
,◉ Title 23 VSA 1012 states. Answer: operators of a motor vehicle
must identify themselves to a law enforcement officer (obedience to
law enforcement officers)
◉ non-moving violations of title 23 and other civil offenses i.e. title 7
alcohol offenses are not covered by. Answer: Title 23 VSA 1012
therefore operators would not be required to identify themselves in
these situations
◉ State V Pierce. Answer: Officers have the right to detain witnesses
◉ Officers can employ force to a subject to gain , compliance during
investigative detentions. Answer: least intrusive means
◉ Totality of the circumstances examples to consider. Answer:
nature of the crime under investigation
degree of suspicion
location of stop time of day
◉ State V Simoneau. Answer: Officers can handcuff during
investigative detentions
,◉ Frisk or pat-down two prong test. Answer: 1. Officer must have a
reasonable belief that the person is armed with a weapon
2. Officer must have reasonable fear the person may harm the officer
or another person
◉ Scope of a pat down or frisk. Answer: is a limited search for
weapons to ensure the safety of the officer or another person and
should only consist of a patting or crushing of the outer garments.
Officers can remove hard objects that could be used as a weapon i.e.
handgun, knife, pen, keys
◉ Instantly recognizable during a pat down means. Answer: officer
may seize an item discovered during a pat-down if it is immediately
recognizable as contraband ie plain feel doctrine
◉ State v Lamb states. Answer: Police may stop a vehicle based on
little more than reasonable suspicion
◉ Pretext stops. Answer: Vermont has not ruled on this so officers
should be cautious
◉ State v Sprague. Answer: Officers cannot order operators or
passengers out of a vehicle without articulating that by ordering the
individuals out of the vehicle is necessary to protect the officer or
others or a crime has been committed
, ◉ Probable cause defined. Answer: facts and circumstances that
would lead a reasonable and prudent person to believe that a crime
has, was or is about to be committed....MORE LIKELY THAN NOT
◉ State v Brown. Answer: MORE LIKELY THAN NOT
◉ Arrest defined. Answer: a confrontation and intrusion based on
probable cause for the purpose of processing into the system
◉ Continued Custody. Answer: the arraignment of the person or
jailing of the person to await arraignment
◉ Probable cause is normally derived from. Answer: -officer
investigation
-information from average citizen
Information from a confidential informant.
◉ Aguillar-Spinelli Two prong test. Answer: determines the validity
of hearsay information
1. Basis of knowledge
2. Veracity