CRIMINAL PROCEDURE GPSTC 2026 EXAMINERS SET
QUESTIONS AND ANSWERS SURE A+
✔✔FRISK : - ✔✔a pat-down or minimal search by police to discover weapons
(a serious intrusion)
✔✔What is the level of proof needed for a Stop and Frisk? - ✔✔ARS - level of proof
✔✔Scope of Frisk - ✔✔outside of clothing; searching for weapons
✔✔Does everyone go to jail on a tier 3 (arrest)? - ✔✔no, due to non-custodial arrests
(citations, etc)
✔✔US v Cortez - ✔✔Reasonable suspicion is the minimum level of proof necessary to
conduct a vehicle stop for possible involvement in criminal activity
✔✔Brown v. State - ✔✔any stop of a moving vehicle has been treated as a detention
and an officer generally has no authority to make a stop of a vehicle unless he has at
least has ARS
✔✔Delaware v. Prouse - ✔✔The Supreme Court ruling that police may not randomly
stop motorists to check their driver's license and auto registration without any probable
cause to suspect crime or illegal activity.
, *outside of road blocks*
-Random STOPS are UNLAWFUL-
✔✔a detention must be - ✔✔BRIEF
- "confined search to what was minimally necessary"
- Momentarily detain
- a limited protective search
- a brief stop of a sus individual
✔✔Hiibel v. Nevada - ✔✔held that statutes requiring *suspects* to disclose their names
during police investigations did not violate the Fourth Amendment
✔✔a frisk: - ✔✔two step process:
1. pat down first
2. intrude beneath the clothes only if it feels like a weapon
✔✔Minnesota v. Dickerson - ✔✔Plain Feel: Must be there legally, must immediately
recognize contraband, & must not manipulate
✔✔Plain Feel Doctrine - ✔✔-during frisk, if officer grab something and immediately
recognize it, they can seize it
*must be immediately apparent as to what it is*
✔✔A frisk is justified when - ✔✔- There are concerns for safety for the officer or for
others
- There is ARS that sus is armed and dangerous
- There is ARS that the sus is about to commit a crime and a weapon is commonly
- the officer is alone and back up has not arrived or is not avail.
- the number of suspects and physical size
- the emotions behavior and look of the sus
- keeping hands in pockets after being told to remove them
✔✔Can you handcuff during a tier 2? - ✔✔yes, if it is reasonable
+ articulate why
✔✔Terry Stop Time and Scope: - ✔✔limited to the time minimally necessary related to
the stop. limited in scope. scope must be tailored to underlying investigation
if detention is too long or involves moving the subject it may become unreasonable
✔✔Roadblock is valid when it meets five requirements: - ✔✔1. Supervisory officers
have to decide where, when, and why
2. All vehicles were stopped;
3. The delay to motorists is minimal
4. The operation was well-identified as a police checkpoint; and
QUESTIONS AND ANSWERS SURE A+
✔✔FRISK : - ✔✔a pat-down or minimal search by police to discover weapons
(a serious intrusion)
✔✔What is the level of proof needed for a Stop and Frisk? - ✔✔ARS - level of proof
✔✔Scope of Frisk - ✔✔outside of clothing; searching for weapons
✔✔Does everyone go to jail on a tier 3 (arrest)? - ✔✔no, due to non-custodial arrests
(citations, etc)
✔✔US v Cortez - ✔✔Reasonable suspicion is the minimum level of proof necessary to
conduct a vehicle stop for possible involvement in criminal activity
✔✔Brown v. State - ✔✔any stop of a moving vehicle has been treated as a detention
and an officer generally has no authority to make a stop of a vehicle unless he has at
least has ARS
✔✔Delaware v. Prouse - ✔✔The Supreme Court ruling that police may not randomly
stop motorists to check their driver's license and auto registration without any probable
cause to suspect crime or illegal activity.
, *outside of road blocks*
-Random STOPS are UNLAWFUL-
✔✔a detention must be - ✔✔BRIEF
- "confined search to what was minimally necessary"
- Momentarily detain
- a limited protective search
- a brief stop of a sus individual
✔✔Hiibel v. Nevada - ✔✔held that statutes requiring *suspects* to disclose their names
during police investigations did not violate the Fourth Amendment
✔✔a frisk: - ✔✔two step process:
1. pat down first
2. intrude beneath the clothes only if it feels like a weapon
✔✔Minnesota v. Dickerson - ✔✔Plain Feel: Must be there legally, must immediately
recognize contraband, & must not manipulate
✔✔Plain Feel Doctrine - ✔✔-during frisk, if officer grab something and immediately
recognize it, they can seize it
*must be immediately apparent as to what it is*
✔✔A frisk is justified when - ✔✔- There are concerns for safety for the officer or for
others
- There is ARS that sus is armed and dangerous
- There is ARS that the sus is about to commit a crime and a weapon is commonly
- the officer is alone and back up has not arrived or is not avail.
- the number of suspects and physical size
- the emotions behavior and look of the sus
- keeping hands in pockets after being told to remove them
✔✔Can you handcuff during a tier 2? - ✔✔yes, if it is reasonable
+ articulate why
✔✔Terry Stop Time and Scope: - ✔✔limited to the time minimally necessary related to
the stop. limited in scope. scope must be tailored to underlying investigation
if detention is too long or involves moving the subject it may become unreasonable
✔✔Roadblock is valid when it meets five requirements: - ✔✔1. Supervisory officers
have to decide where, when, and why
2. All vehicles were stopped;
3. The delay to motorists is minimal
4. The operation was well-identified as a police checkpoint; and
