TLETA Week 2
What level of proof needed for a traffic stop - Answer -reasonable suspicion
Can you detain based off of mere suspicion - Answer -No
Info passed on by CI needs info to be predictive and have - Answer -valid reasonable suspicion
Do courts look at two prong test to establish reasonable suspicion? - Answer -Yes, but not as stringently
At what point is suspect "seized"? - Answer -As soon as police display authority (blue lights)
A person is not "seized" until - Answer -physically restrained or voluntarily complies
If we aren't enforcing the law, we are under a - Answer -care taking function
How is caretaker function legal? - Answer -1. RS that person is need of assistance
2. Consensual Encounter
For what reasons can you search a vehicle w/o a warrant? - Answer -Consent, Incident to arrest, frisk,
plainview, inventory, exigent circumstances
, Consent must be... - Answer -freely, voluntarily, and knowingly given
Person giving consent must have what? - Answer -Standing with that vehicle (exp driver)
If there is conflicting consent from two standing parties to search a vehicle, can you still search? -
Answer -Yes, but anything that is found in the vehicle can only be charged to person who gave consent
How many people are needed to give consent? - Answer -one
When can consent be withdrawn or limited? - Answer -anytime
search incident to arrest requires - Answer -lawful custodial arrest
Is a search incident to arrest limited? - Answer -no
During search of vehicle with incident to arrest, once suspect is secure; can you search passenger
compartment? - Answer -No, unless there is reason to believe that evidence of the crime for which the
arrest was made will be found.
Frisk of car consists of... - Answer -Visual sweep of passenger compartment and only areas that may
conceal a weapon
For plainview of a vehicle, the illegal object must be - Answer -immediately obvious
Inventory can only be done if vehicle is being what? - Answer -towed
Why does the Carroll Doctrine allow us to search a vehicle without a warrant? - Answer -Its due to the
exigency of the inherent mobility of a motor vehicle.
What level of proof needed for a traffic stop - Answer -reasonable suspicion
Can you detain based off of mere suspicion - Answer -No
Info passed on by CI needs info to be predictive and have - Answer -valid reasonable suspicion
Do courts look at two prong test to establish reasonable suspicion? - Answer -Yes, but not as stringently
At what point is suspect "seized"? - Answer -As soon as police display authority (blue lights)
A person is not "seized" until - Answer -physically restrained or voluntarily complies
If we aren't enforcing the law, we are under a - Answer -care taking function
How is caretaker function legal? - Answer -1. RS that person is need of assistance
2. Consensual Encounter
For what reasons can you search a vehicle w/o a warrant? - Answer -Consent, Incident to arrest, frisk,
plainview, inventory, exigent circumstances
, Consent must be... - Answer -freely, voluntarily, and knowingly given
Person giving consent must have what? - Answer -Standing with that vehicle (exp driver)
If there is conflicting consent from two standing parties to search a vehicle, can you still search? -
Answer -Yes, but anything that is found in the vehicle can only be charged to person who gave consent
How many people are needed to give consent? - Answer -one
When can consent be withdrawn or limited? - Answer -anytime
search incident to arrest requires - Answer -lawful custodial arrest
Is a search incident to arrest limited? - Answer -no
During search of vehicle with incident to arrest, once suspect is secure; can you search passenger
compartment? - Answer -No, unless there is reason to believe that evidence of the crime for which the
arrest was made will be found.
Frisk of car consists of... - Answer -Visual sweep of passenger compartment and only areas that may
conceal a weapon
For plainview of a vehicle, the illegal object must be - Answer -immediately obvious
Inventory can only be done if vehicle is being what? - Answer -towed
Why does the Carroll Doctrine allow us to search a vehicle without a warrant? - Answer -Its due to the
exigency of the inherent mobility of a motor vehicle.
