UNIT TITLE: Legal Issues Surrounding Roadside Stops
UNIT NUMBER: 1.1.0
Maine Criminal Justice Academy
15 Oak Grove Road
Vassalboro, ME 04989
Original Information Provided By: Mr. Brian MacMaster, Maine Office of the Attorney General
Prepared by: David Tyrol, Maine Criminal Justice Academy Date: May 13, 2010
Instructional Goal
Performance Objectives
Administrative Information
Estimated Time Range:
Presentation Methods / Media
Methods Media
Material & Equipment
Student outside assignments:
Androscoggin County Sheriff’s Department
Lesson Plan Outline
Maine Criminal Justice Academy
Lesson Plan Outline
Maine Criminal Justice Academy
Lesson Plan Outline
Maine Criminal Justice Academy
Lesson Plan Outline
Maine Criminal Justice Academy
Lesson Plan Outline
Maine Criminal Justice Academy
Lesson Plan Outline
Maine Criminal Justice Academy
Lesson Plan Outline
Maine Criminal Justice Academy
Lesson Plan Outline
Maine Criminal Justice Academy
Lesson Plan Outline
Maine Criminal Justice Academy
Lesson Plan Outline
Criterion Test Questions
1.1.1 Explain why a vehicle stop is a seizure under the 4th Amendment of the United States Constitution and what must exist for the stop to be legal.
- A vehicle stop is an intrusion and is therefore a seizure under the 4th amendment and requires Reasonable Suspicion of a violation of the law, or a legitimate public safety concern.
1.1.2 Define “Reasonable Suspicion”
-Reasonable suspicion is suspicion that can be articulated and is objectively reasonable, or when facts or circumstances are such that a reasonable officer would think or act in a similar way.
1.1.3 Define “Pretextual Stop”
-A pretext stop is a stop that is based on a belief or hunch that other illegal activities, beyond the reason for the stop is/are occurring.
1.1.4 Discuss reasonable duration of stops as they relate to questioning beyond the original violation.
-Reasonable duration for stops should not extend beyond the reasonable time required for the original purpose of the stop, unless, reasonable suspicion, or probable cause develops, or the stop transitions into a consensual encounter.
1.1.5 List 6 of the 9 allowable officer safety actions during a traffic stop
i) Lighting vehicle interior
ii) Opening vehicle door
iii) Having persons exit, or stay inside vehicle
iv) Positioning occupants
v) Having persons keep hands in sight
vi) Questions related to officer safety
vii) Frisk of persons for weapons
viii) Frisk of vehicle for weapons
ix) Handcuffing
1.1.6 Discuss the requirements for a legal “frisk” of a person or vehicle
-Legal frisks of persons or vehicle requires that:
1. There must be a lawful basis for the seizure or detention.
2. There must be reasonable and articulable suspicion that a person is armed, and constitutes a potential danger to the officer.
1.1.7 Explain the requirements for searches incident to arrest under
Arizona v. Gant
-The requirements for searches incident to arrest under Arizona v. Gant are:
1. The arrestee is unsecured and within reaching distance of the passenger compartment at the time of the search, or
2. It is reasonable to believe that the vehicle contains evidence of the arrest.
1.1.8 List the three criteria that must be met for acceptable vehicle inventory searches
- The three criteria for acceptable vehicle inventory searches are:
1. The vehicle must be lawfully in police custody
2. The agency must have a written policy requiring inventory of impounded vehicles
3. The agency practice of vehicle inventory must be consistent
Bibliography
Mr. Brian MacMaster, Maine Office of the Attorney General, Subject Matter Expert
Whren v. U.S., 517 U.S. 806, 811-13 (1996)
Graham v. Connor, 490 U.S. 386 (1989)
Arizona v. Gant, 556 U.S. ___ (2009),