OPOTA 2-3 Search & Seizures
The purpose of the 4th amendment - ANS-To guarentee rights relating to arrests , searches &
seizures of persons
The relationship between degrees of suspicion & the responses allows by the constitution -
ANS-Check chart in book (Unit 2 Topic 3)
A person is seized when: - ANS-• Circumstances that might indicate seizure even when the
person did not attempt to leave the area
- The threatening presence of several Officers
- The display of weapon by an Officer
- Some physical touching of the person
- Restricting the subjects freedom of movement
- Manner of questioning
- Use of language or tone of voice that indicates that compliance w/ the Officer's request might
be compelled
When an Officer can use the rationale from TERRY to detain a person - ANS-An officer may
detain an individual based upon the officer's reasonable, articulable suspicion that criminal
activity was being planned or was in the process of being executed
Under TERRY a lawful investigatory stop requires that an Officer ... - ANS-• Have reasonable
articulable suspicion to initiate the stop
- A crime is about to be committed
- A crime is being committed
- Officers should consider the totality of circumstances
Constitutions an Officer should be mindful of when conducting a Terry stop - ANS-• Use the
least intrusive means of detention & investigation reasonably available that will achieve the goal.
• Conduct the business of the stop as quickly as possible so as to not prolong the period of
involuntary detention.
The requirements which must be established before a TERRY pat down/ frisk - ANS-Officers
are required to articulate a reasonable belief that the suspect is armed AND the suspect poses
a threat to them.
The plain feel doctrine - ANS-When an Officer may not search for objects other then weapons
on a TERRY stop, if the Officer physically feels an object that the Officer immediately recognizes
as contraband, the object may be seized even if the Officer knows it is not a weapon.
- only applies when the identity of the object is immediately apparent to the Officer and knows it
is not a weapon.
The purpose of the 4th amendment - ANS-To guarentee rights relating to arrests , searches &
seizures of persons
The relationship between degrees of suspicion & the responses allows by the constitution -
ANS-Check chart in book (Unit 2 Topic 3)
A person is seized when: - ANS-• Circumstances that might indicate seizure even when the
person did not attempt to leave the area
- The threatening presence of several Officers
- The display of weapon by an Officer
- Some physical touching of the person
- Restricting the subjects freedom of movement
- Manner of questioning
- Use of language or tone of voice that indicates that compliance w/ the Officer's request might
be compelled
When an Officer can use the rationale from TERRY to detain a person - ANS-An officer may
detain an individual based upon the officer's reasonable, articulable suspicion that criminal
activity was being planned or was in the process of being executed
Under TERRY a lawful investigatory stop requires that an Officer ... - ANS-• Have reasonable
articulable suspicion to initiate the stop
- A crime is about to be committed
- A crime is being committed
- Officers should consider the totality of circumstances
Constitutions an Officer should be mindful of when conducting a Terry stop - ANS-• Use the
least intrusive means of detention & investigation reasonably available that will achieve the goal.
• Conduct the business of the stop as quickly as possible so as to not prolong the period of
involuntary detention.
The requirements which must be established before a TERRY pat down/ frisk - ANS-Officers
are required to articulate a reasonable belief that the suspect is armed AND the suspect poses
a threat to them.
The plain feel doctrine - ANS-When an Officer may not search for objects other then weapons
on a TERRY stop, if the Officer physically feels an object that the Officer immediately recognizes
as contraband, the object may be seized even if the Officer knows it is not a weapon.
- only applies when the identity of the object is immediately apparent to the Officer and knows it
is not a weapon.
