Law Enforcement Traffic Law and Enforcement 2 — Questions and Answers
Question 1: During a traffic stop, when may an officer legally order a driver to step out of the vehicle?
- Only with probable cause of a crime
- At any time during a lawful stop (Correct answer)
- Only if a search warrant is present
- Only when the driver consents
Correct answer: At any time during a lawful stop
Pennsylvania v. Mimms allows officers to order drivers out of a vehicle during any lawful traffic stop for safety.
Question 2: What is the legal standard required to initiate a traffic stop?
- Probable cause
- Reasonable suspicion of a violation (Correct answer)
- A hunch
- Beyond a reasonable doubt
Correct answer: Reasonable suspicion of a violation
Reasonable suspicion of a traffic or criminal violation justifies a stop under Terry and Whren.
Question 3: Under the implied consent law, what is the typical consequence of refusing a chemical test for DUI?
- No penalty
- Automatic license suspension (Correct answer)
- Immediate jail without trial
- Vehicle forfeiture
Correct answer: Automatic license suspension
Implied consent laws impose automatic license suspension for refusing a lawful chemical test.
Question 4: What does the per se BAC limit of 0.08% mean for adult drivers in the US?
- Impairment must still be proven separately
- Driving is illegal regardless of observable impairment (Correct answer)
- It applies only to commercial drivers
- It is a warning threshold only
Correct answer: Driving is illegal regardless of observable impairment
At or above 0.08% BAC, a driver is legally intoxicated per se, requiring no additional proof of impairment.
Question 5: A driver is stopped for speeding and the officer smells marijuana. What does this odor most likely establish?
- Nothing actionable
- Probable cause to search the vehicle (Correct answer)
- Grounds for immediate arrest only
- A need for a warrant before any action
Correct answer: Probable cause to search the vehicle
The plain smell of contraband can provide probable cause to search a vehicle under the automobile exception.
Question 6: What is the primary purpose of the Standardized Field Sobriety Test (SFST) battery?
- To determine exact BAC
- To establish probable cause for DUI arrest (Correct answer)
- To replace breath testing
- To issue a written warning
Correct answer: To establish probable cause for DUI arrest
SFSTs help establish probable cause for a DUI arrest by detecting impairment indicators.
Question 7: What is the three-test NHTSA-validated SFST battery?
- Walk-and-turn, one-leg stand, horizontal gaze nystagmus (Correct answer)
- Finger-to-nose, alphabet, counting
- Breath, blood, urine
- Reaction, balance, speech
Correct answer: Walk-and-turn, one-leg stand, horizontal gaze nystagmus
The NHTSA-standardized battery consists of HGN, walk-and-turn, and one-leg stand.
Law Enforcement Traffic Law and Enforcement 2
During a traffic stop, when may an officer legally order a driver to step out of the vehicle?