What is an investigatory stop?
The temporary detention and questioning of a person in the vicinity where the person was stopped based on reasonable articulable suspicion that the person is committing, is about to commit, or has committed a criminal offense. The suspect may be detained only for the length of time necessary to confirm or dispel the suspicion of criminal activity. The temporary detention and questioning the person for the purpose of enforcement of the gang and narcotics Related loitering ordinances is an investigatory stop.
T/F Is an investigatory stop considered voluntary contact
False- is not considered a voluntary contact
_____________ _______________ Is a consensual encounter between an officer and a person during which the person must feel free to leave the officers presence.
Voluntary Contact
The following are some factors the court may consider to determine whether or not a consensual encounter has elevated to an investigatory stop or an arrest;
1. Threatening presence of several officers
2. Display of a weapon by an officer
3. Use of language or tone of voice indicating that compliance with the officers request might be compelled
4. Choice to and the counter is not available to the person
Unlimited search during an investigatory stop in which the sworn member conducts the pat down of the outer clothing of a person for weapons for the protection of the sworn member or others in the area. If, during a protective pat down of the outer clothin
Protective Pat Down
Is an objective legal standard that is less than probable cause but more substantial than a hunch of general suspicion. Reasonable articulable suspicion depends on the totality of the circumstances which the sworn member observed in the reasonable inferen
Reasonable Articulable Suspicion
Reasonable articulable suspicion should be founded on specific and _______________ facts or observations about how a suspect behaves, what the subject is seen doing, and the circumstances or situation in regard to the suspect that is either witnessed or k
Objectives
For ___________ _____________ A sworn member must possess specific and articulable facts which, combine with rational inferences from these facts, reasonably warrant a belief that the suspect is committing, is about to commit, or has committed a criminal
Investigatory Stops
For a _____________ ____________ __________ A sworn member must possess specific and articulable facts, combined with rational inferences from these facts, that the suspect is armed and dangerous reasonably suspects that the person presents a danger of At
Protective Pat Down
T/F . An investigatory stop and a protective pat down are two distinct actions�- Both require independent, reasonable articulable suspicion.( To stop a person there must be reasonable suspicion of criminal activity, and to stop a person and perform a prot
True
___________ ___________ Exist where the police have knowledge of facts that would lead a reasonable person to believe that a crime has occurred and that the subject has committed it.
Probable Cause
When a sworn member is conducting a lawful protective pat down of a suspects outer clothing for weapons and encounters an object that, based upon their training and experience, the sworn member believes that the object is contraband, the sworn member may
Plain Touch Doctrine
A peace officer, after having identified himself as a peace officer, may stop any person in a public place for a reasonable period of time when the officer reasonably infers from the circumstances that the person is committing, is about to commit or has c
Temporary Questioning without a Warrant
When a peace officer has stopped a person for temporary questioning and reasonably suspects that he or another is in danger of attack, he may search the person for weapons. If the officer discovers a weapon, he may take it until the completion of the ques
Search during temporary questioning
T/F. The sole purpose of the temporary detention is to prove or disapprove those suspicions.
True
T/F. During an investigatory stop, subjects may be asked to identify themselves and to provide an explanation for their actions; However, a failure to do so is not, in and of itself, and arrestable offense or are grounds for further detention, and a subje
True
T/F. Police are required to give Miranda warnings when conducting on the scene questioning during the fact gathering process.
False... are not required
T/F. During a protective pat down of the outer clothing of the subject, the officer may go into the pockets of the subject or reach underneath the outer surface of the garments. If during the protective pat down of the outer clothing, the officer touches
True
_________ _________ ___________ Will be conducted by a member who is the same gender as the person that is the subject of the investigatory stop. Members will not endanger themselves or the public to comply with this requirement.
Protective Pat Downs
T/F. When conducting a lawful investigatory stop and the officer is performing a protective pat down, if the officer plainly feels an item that, based upon the officers training and experience, the officer believes to be contraband, the officer may seize
True
The plane doctrine requires officers to satisfy the following three-part test:
1. Lawful investigatory stop
2. A lawful protective pat down, and
3. The officer by touch must be able to immediately recognize the item to be contraband without any manipulation of the item.
The investigatory stop database will only be used to document;
A. Investigatory stops, probable cause stops were no other document captures the reason for the detention. Protective pat downs or other searches; and
B. Enforcement of the gang and narcotics related loitering ordinances consistent with the department directive and entitled gang andnarcotics related enforcement.
___________ _______________ Are responsible for entering all investigatory stop reports created during their tours of duty into the electronic system as soon as possible but no later than the end of their tours of duty.
Sworn Members
__________________ Will review all investigatory stop reports, electronic and hardcopy, created by subordinates and either approve or return it for a correction or other action before the end of their tours of duty.
Supervisors
Sworn members who conduct an investigatory stop, probable cause stop when no other document captures the reason for the detention, and, if applicable, a protective pat down or other search in a public place, are _____________ to submit an investigatory st
Required
T/F. In addition, investigatory stop Reports will be submitted for all investigatory stops and protective Pat Downs the lead to an arrest, personal service citation, administrative notice of violation, curfew violation report, school absentee report, or o
True
Upon the completion of an investigatory stop that involves a protective pat down or any other search, sworn members are required to provide the subject of the stop the completed investigatory stop _____________. The investigatory stop _________ Will inclu
Receipt
T/F. An investigatory stop receipt will not be provided if the subject of the stop is arrested.
True
If an arrest Is made based on an investigatory stop, an investigatory stop report will be completed in addition to the _________report. Members will indicate in the investigatory stop report that an arrest is related to the investigatory stop by checking
Arrest
T/F. During an investigatory stop, this sworn member may only temporarily restrict a person's freedom of movement as long as reasonably necessary to dispel or confirm the members reasonable articulable suspicion of criminal activity. The subject can not c
True
T/F Failure to provide identification During an investigatory stop, in and of itself, is grounds for arrest or further detention
False... is not grounds for arrest or further detention
Reviewing supervisors will;
A. Approve or reject all submitted investigatory stop reports by the end of their tours of duty.
B. Review and ensure investigatory stop reports are properly completed and conform to department policy.
Supervisors are responsible for ensuring that members properly document in the narrative section of all investigatory stop reports;
A. The reasonable articulable suspicion that justifies the investigatory stop and, if performed, protective pat down or
B. The probable cause that led to the stop if no other document captures the reason for the detention and, if performed, protective pat down and
C. If applicable, the basis and reasons that led to any search of a person or his or her effects that was beyond the protective pat down.
For rejected Investigatory stop reports;
1. Personally inform the preparing sworn number of the reason for the disapproval or rejection.
2. Complete an investigatory stop report deficiency notification for rejections based on the following
A. Failure to document justification for an investigatory stop, protective path down, or other search.
B. Improper justification for an investigatory stop, protective pat down or other search;
C. Submitted hardcopies of in the investigatory stop report does not match the electronic version submitted in the investigatory stop database and
D. Investigatory stop report submitted in error. Officers actions did not require the submission of an investigatory stop report.