DCJS Patrol and Traffic Operations 3 — Questions and Answers
Question 1: Under the 'plain view' doctrine during a traffic stop, an officer may seize contraband without a warrant when:
- The officer entered the vehicle lawfully and the item's incriminating nature is immediately apparent (Correct answer)
- The officer suspects the item is contraband based on experience alone
- The item is in a closed container on the back seat
- The driver gives implied consent by accepting the stop
Correct answer: The officer entered the vehicle lawfully and the item's incriminating nature is immediately apparent
Plain view allows warrantless seizure when the officer is lawfully present, the item is in plain view, and its incriminating character is immediately apparent.
Question 2: When writing a crash report in Virginia, the term 'contributing circumstance' refers to:
- The point of first contact between vehicles
- A factor related to the road, environment, or vehicle that contributed to the crash (Correct answer)
- The officer's personal opinion about fault
- Only driver actions that caused the crash
Correct answer: A factor related to the road, environment, or vehicle that contributed to the crash
Contributing circumstances on Virginia crash reports include road conditions, environmental factors, and vehicle defects separate from driver behavior.
Question 3: An officer on patrol receives a call about a suspicious person matching the description of a wanted subject. To conduct a valid Terry stop, the officer must have:
- Probable cause that the person committed a crime
- Reasonable articulable suspicion based on specific facts that criminal activity is afoot (Correct answer)
- A witness willing to sign a complaint
- A warrant or supervisor approval
Correct answer: Reasonable articulable suspicion based on specific facts that criminal activity is afoot
Terry v. Ohio established that a brief investigative stop requires only reasonable articulable suspicion, not full probable cause.
Question 4: What does the acronym BOLO stand for in law enforcement patrol communications?
- Be On Lookout Only
- Be On the Lookout (Correct answer)
- Broadcast Officer Location Order
- Bulletin Of Law Offenders
Correct answer: Be On the Lookout
BOLO — 'Be On the Lookout' — is a broadcast to patrol units describing a suspect, vehicle, or item officers should watch for.
Question 5: A driver stopped for a traffic infraction refuses to provide their driver's license. Under Virginia Code § 46.2-104, the officer may:
- Search the vehicle to find the license
- Arrest the driver for failing to present their license on demand (Correct answer)
- Only issue a written warning since no crime was committed
- Release the driver after obtaining a verbal name
Correct answer: Arrest the driver for failing to present their license on demand
Virginia Code § 46.2-104 requires drivers to present their license on demand to an officer, and refusal is a misdemeanor supporting a custodial arrest.
Question 6: During a traffic stop, the officer smells fresh marijuana coming from a vehicle. Under current Virginia law (post-2021 legalization), this odor alone:
- Provides automatic probable cause to search the entire vehicle
- May be one factor considered in the totality of circumstances but is not automatic probable cause alone (Correct answer)
- Requires immediate release of the driver since marijuana is now legal
- Only justifies a search if the driver admits to possession
Correct answer: May be one factor considered in the totality of circumstances but is not automatic probable cause alone
Following Virginia's marijuana legalization, courts have ruled that marijuana odor alone is no longer automatic probable cause and must be considered among other totality-of-circumstances factors.
Question 7: An officer is pursuing a fleeing vehicle at high speed through a residential area. The DCJS-recommended primary factor for deciding to terminate pursuit is:
- The seriousness of the original offense only
- Whether the risk to the public outweighs the need to apprehend (Correct answer)
- The supervisor's direct order to continue
- The suspect's driving behavior alone
Correct answer: Whether the risk to the public outweighs the need to apprehend
DCJS and Virginia model pursuit policies require officers to continuously balance the need to apprehend against the risk posed to officers, the public, and third parties.
DCJS Patrol and Traffic Operations 3
Under the 'plain view' doctrine during a traffic stop, an officer may seize contraband without a warrant when: