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),