Key Terms
A court order issued by the judge who has determined that the police officer has probable cause.
What is an arrest warrant?
The lowest level of police intrusion, police officers are able to ask non-threatening questions that should not make the person being questioned feel that they are suspected of a crime. The legal standard for Request for Information is an articulable reason to ask.
What is a request for information?
A justification for why the questions need to be asked.
What is articulable reason?
An officer on on foot patrol, two days after crime, sees a young man, about 16, wearing a pair of brand new red and white "Air Jordan's" walking with a grocery bag neat the scene of the crime. Which of the following can the police officer legally do?
1. Arrest; 2. Stop and Frisk; 3. Forcible Stop; 4. Inquiry; 5. Request for Information; 6. None of the above
What is a Request for Information?
Bonus Points: Explain why and why the other answers are incorrect.
This is still a close call. But here police are given wide latitude. He could probably do so on the basis of the new sneakers and the age of the individual. The questioning, however, should be limited to the young man's identity, destination, and purpose of being in the neighborhood. No other action could or should be taken without additional justification.
The second level of police intrusion, police officers may ask more pointed questions that could make the person being questioned feel they are suspected of a crime. The legal standard is a founded suspicion that criminality is afoot.
What is an inquiry?
Two hours after the stabbing of the store owner, two officers in a squad car see three boys, who appear to be 13 and 15, walking down the street about five blocks from the scene of the crime. One has on a black leather jacket, "Air Jordan" tennis shoes, and a crew cut. As the policemen approach the boys, they begin to run. When the police catch them, which of the following can they do. Multiple answers can be correct.
1. Take no action; 2. Request for Information; 3. Inquiry; 4. Forcible Stop; 5. Stop and Frisk; 6. Arrest
What are a Request for Information, an Inquiry, a Forcible Stop, a Stop and Frisk, and an Arrest?
BONUS: Explain why.
The third level of police intrusion, where an officer can stop and detain someone against their will. The legal standard is Reasonable Suspicion.
What is a forcible stop?
The police officer has enough evidence to be reasonably suspicious that the person they are about to stop has committed or is about to commit a crime,. This is not as serious a bar as probable cause (reasonable belief), but it is more simple than just a simple hunch.
What is reasonable suspicion?
Three days after the stabbing, a police officer sees a young man of about 15 turn the corner who, from the back, appears to fit the general description: he has white skin, is about 5'7, has short hair, and is wearing the black leather jacket. The young man has his hands in his pocket, speeds up and crosses the the street as the officer orders him to stop. The boy slows down but does not come to a complete stop. Which of the following can the police officer do when he catches him? Choose all that apply.
1. Nothing; 2. Request for Information; 3. Inquiry; 4. Forcible Stop; 5. Stop and Frisk; 6. Arrest
What are a request for information; a inquiry; forcible stop; stop and frisk; an arrest (though not immediately)?
BONUS: Explain why.
The highest level of police intrusion, where officers are allowed to pat down the outside of a suspect's clothing for the purpose of discovering weapons.
What is a frisk?
The officer has a reason that they can articulate to be fearful of the suspect.
What is an articulable basis (to fear for one's safety)?
Two hours after the stabbing, a police officer gets a note from a known informant who says she saw three suspicious looking boys around the age of 15 enter into the back of a bodega where a number of young people hang out. At this point, no description has been given to the police. Taking the tip, the officer proceeds to the bodega where he spots three boys standing in the back where the informant said they would be. He approaches them. Which of the following can he do? Choose all that apply.
1. Arrest; 2. Stop and Frisk; 3. Forcible Stop; 4. Inquiry; 5. Request for Information; 6. Nothing
What is a request for information?
BONUS: Explain why the answer choices would not be permissible.
The reasonable belief by a police officer that a suspect has committed or is committing a crime and is the legal basis for a lawful search or arrest.
What is probable cause?