MCLETC EXAM Quiz 3 Answered

MCLETC EXAM Quiz 3 Answered Notice to Appear - Answer- issued by a police officer anytime an officer could make an arrest (usually minor offenses) Requesting the person to appear in court on a specific date and time Requires reliable identification (in case they don't show up) Exculsionary Rule - Answer- Grounded in the 4th Amendment and it is intended to protect citizens from illegal searches and seizures Any evidence that is found in violation of the 4th Amendment, cannot be used in court Weeks v. United States Probable Cause - Answer- "reasonable grounds to believe" a crime was committed Based on the totality of circumstances Reasonable suspicion - Answer- explainable reason based on facts and the officers training and experience to suspect that a person is presently committing a crime or about to based on the totality of circumstances more than a "hunch" Probable cause for an ARREST - Answer- based on facts and circumstances that would lead a Reasonable Officer to believe a crime has been committed and the suspect committed the crime Probable cause for a SEARCH - Answer- based on facts and circumstances that would lead a Reasonable Officer to believe a crime has been committed and evidence of the crime can be found in a Specific Place Terry Stop - Answer- When a police officer has a Reasonable Suspicion that an individual is armed, engaged, or about to be engaged, in criminal activity allowed to stop and detain any person in a public place for a reasonable amount of time (15-20 minutes) U.S. Supreme court case: Terry v. Ohio A Terry stop is a seizure within the meaning of 4th Amendment Totality of Circumstances includes: - Answer- personal observations made by the officer suspect behavior: fleeing, furtive movements (attempting to avoid; guilty nervousness), demeanor, location hearsay (what others tell you - info from other officers, witnesses, or informants) suspects criminal history proximity to the crime scene Officer's training, experience, and specialized knowledge Terry Stop = "temporarily detained" - Answer- the suspect is temporarily detained/seized the suspect cannot walk away until the police officer is finished avoidance or not cooperating with the officer is just going to cause the stop to last longer Information the police officer is entitled to during a Terry Stop: - Answer- Name Address Suspects explanation relating to the stop If the suspect does not give you their name or info, they CANNOT be arrested but that will just prolong the stop When can you do a "Terry Frisk" / patdown? - Answer- When you make a valid Terry Stop and have reasonable suspicion to believe the suspect is armed & dangerous A patdown is not automatic just because you made a stop. ONLY when you have RS that the suspect has a weapon ... and also If the suspect gives you consent Is a Terry Stop a "seizure" un the 4th amendment? - Answer- YES Is an arrest a "seizure" under the 4th amendment? - Answer- YES How to conduct a frisk / patdown during a Terry Stop? - Answer- ONLY when you have RS for weapons or feel in danger patting down the outer layer of clothing only for weapons *it is not a full search when the suspect is arrested "Plain feel" or "plain touch" - the identity of the object must be immediately apparent *if you cannot identify what the object is through the clothing, you CANNOT manipulate the object until you find out If you KNOW the item is contraband through touch, you can seize that item - crack rock, crack pipe You CANNOT seize an envelope, plastic bag, or matchbox what to do after arrest? - Answer- check with the arrestee to determine if there are children that need to be taken care of transport to county jail - 725 ILCS 5/109-2 allows you to take person wanted on an out of county warrant to your county jail