3. Arrest Search and Seizure (25 Q)

Question 1

Question 1 of 25 - BPOC 10 Arrest, Search & Seizure

Which is not an element that can be used to establish probable cause?

Furtive Act

Abnormal demeanor

Race

Location

Answer 1

Race

Question 2

Question 2 of 25 - BPOC 10 Arrest, Search & Seizure

Readily observable things an officer sees in a place the officer has a legal right to be that are not the product of a search and are not subject to exclusion from evidence defines

The exclusionary rule.

None listed

The hot-pursuit doctrine.

The plain-view doctrine.

Answer 2

The plain-view doctrine.

Question 3

Which of the following is the weakest type of search?

Consent

Search warrant

Probable cause

Incident to arrest

Question 4 of 25 - BPOC 10 Arrest, Search & Seizure

Answer 3

Consent

Review: BPOC (10.2) Consensual Encounters: Peace officers are free to approach and ask questions of persons so long as officers recognize that those persons can refuse to identify themselves, refuse to cooperate, refuse to answer questions, and simply walk away.

Florida v. Royer, 460 U.S. 491 (1983);

Question 4

Question 4 of 25 - BPOC 10 Arrest, Search & Seizure

The degree of proof required to “stop and frisk” is called:

reasonable suspicion.

Preponderance of evidence.

Beyond a reasonable doubt

probable cause.

Answer 4

reasonable suspicion.

Question 5

Question 5 of 25 - BPOC 10 Arrest, Search & Seizure

_______________ refer not only to the actual, corporeal and forcible detention of a person, but likewise to any coercive measures by threats, menaces or the fear of injury, whereby one person exercises a control over the person of another, and detains them.

In custody

Confined

Imprisoned

All listed

Answer 5

All listed

Question 6

Question 6 of 25 - BPOC 10 Arrest, Search & Seizure
The act of imagining – or of doubt or apprehension of something without proof, or on slight evidence” is Black’s Law definition of

Preponderance of evidence.

probable cause.

Beyond a reasonable doubt.

Reasonable doubt

Suspicion.

Answer 6

Suspicion

Question 7

Question 7 of 25 - BPOC 10 Arrest, Search & Seizure
Which circumstances justify a lawful search?

Arrest must be lawful

Search incident to arrest

Probable cause

Search Warrant

All listed

Answer 7

All listed

Question 8

Question 8 of 25 - BPOC 10 Arrest, Search & Seizure

What can a peace officer do with mere suspicion?

None listed

May conduct surveillance

May run computer checks

An investigation may be conducted to determine what, if anything is occuring

All listed

Answer 8

All listed

Question 9

Question 9 of 25 - BPOC 10 Arrest, Search & Seizure

A peace officer may enter a residence when;

all listed

he is operating with a proper warrant

he has proper consent

there is a genuine exigent circumstance

Answer 9

all listed

Question 10

Question 10 of 25 - BPOC 10 Arrest, Search & Seizure

A “frisk” of an individual is permitted anytime an officer is in contact with another person and can articulate reasons that he feared for his safety; whenever an officer has reason to believe another has

A weapon on or about his person that can be used to cause injury or death.

in his possession an illegal controlled substance.

In his possession any contraband.

In his possession implements of a crime.

Answer 10

A weapon on or about his person that can be used to cause injury or death.

Question 11

Question 11 of 25 - BPOC 10 Arrest, Search & Seizure
By “____________” is meant the kind of control which one person exercises over another, not to confine him within certain limits, but to subject him to the general authority and power of the person claiming such right.

Detained

Temporary detention

Arrest

Restraint

Answer 11

Detained

Review: CCP (11.22) RESTRAINT. By “restraint” is meant the kind of control which one person exercises over another, not to confine him within certain limits, but to subject him to the general authority and power of the person claiming such right.

Question 12

Question 12 of 25 - BPOC 10 Arrest, Search & Seizure
During the search of an apartment for a suspect pursuant to a valid search warrant, an officer looks in a closet large enough to hide the suspect and observes a short-barrel shotgun which he recognizes as a prohibited weapon. The weapon

Is not admissible as evidence because the search warrant was for a person and not for an illegal shotgun.

may be seized and the person living in the apartment charged with possession of a prohibited weapon.

Falls under “fruit of the poisonous tree” and the exclusionary rule applies in this case.

Can be legally seized only if the officer obtains another warrant specifically for the shotgun.

Review: CCP (18.01) SEARCH WARRANT. (a) A “search warrant” is a written order, issued by a magistrate and directed to a peace officer, commanding him to search for any property or thing and to seize the same and bring it before such magistrate or commanding him to search for and photograph a child and to deliver to the magistrate any of the film exposed pursuant to the order. (18.03) SEARCH WARRANT MAY ORDER ARREST. If the facts presented to the magistrate under Article 18.02 of this chapter also establish the existence of probable cause that a person has committed some offense under the laws of this state, the search warrant may, in addition, order the arrest of such person.

Answer 12

may be seized and the person living in the apartment charged with possession of a prohibited weapon.

Review: CCP (18.01) SEARCH WARRANT. (a) A “search warrant” is a written order, issued by a magistrate and directed to a peace officer, commanding him to search for any property or thing and to seize the same and bring it before such magistrate or commanding him to search for and photograph a child and to deliver to the magistrate any of the film exposed pursuant to the order. (18.03) SEARCH WARRANT MAY ORDER ARREST. If the facts presented to the magistrate under Article 18.02 of this chapter also establish the existence of probable cause that a person has committed some offense under the laws of this state, the search warrant may, in addition, order the arrest of such person.

Question 13

Question 13 of 25 - BPOC 10 Arrest, Search & Seizure
A limitation on the warrantless entry onto property is the “______________”, or that portion of property immediately surrounding a residence and its attached buildings. This is legally considered a private zone,- like the home itself

open-fields

curtilage area

residential area

Open area

Answer 13

curtilage area

Question 14

Question 14 of 25 - BPOC 10 Arrest, Search & Seizure
Identify circumstances when frisking is permitted.

Permitted anytime an officer is in contact with another person and can articulate reasons that he feared for his safety; whenever an officer has reason to believe another has a weapon on or about his person that can be used to cause injury or death.

All listed

Whenever an officer has reason to believe another has a weapon on or about his person that can be used to cause injury or death

To protect the safety of the officer

Answer 14

All listed

Question 15

Question 15 of 25 - BPOC 10 Arrest, Search & Seizure

The case law which allows for categories of evidence for which a search may be conducted may be found in:

Chimel v. California, 395 U.S. 752(1969)

Carroll v. U.S., U.S. 132 (1925)

Katz v. U.S., 389 U.S., 347 (1967)

U.S. v. Robinson, 414 U.S. 218(1973)

Answer 15

Katz v. U.S., 389 U.S., 347 (1967)

Question 16

Question 16 of 25 - BPOC 10 Arrest, Search & Seizure
The U.S. Supreme Court in “Beck v. Ohio” said that “____________” exists when the facts and circumstances known to the officer would warrant a belief by a reasonable man.

reasonable suspicion

rational suspicion

exigent circumstances

reasonable ground

probable cause

Answer 16

probable cause

Review: BPOC (10.1) The probable cause test, then, must show that the facts and circumstances of the officer’s knowledge are sufficient enough to warrant a reasonable person to believe a suspect has committed, is committing, or is about to commit a crime.

See Beck v. Ohio, 379 U.S. 89 (1964); (If subjective good faith alone (of probable cause) were the test, the protection of the Fourth Amendment would evaporate, and the people would be ‘secure in their persons, houses, papers, and effects’ only in the discretion of the police).

Question 17

Question 17 of 25 - BPOC 10 Arrest, Search & Seizure
An investigation may be conducted to determine what, if anything is occurring if a peace officer has mere suspicion?

Handcuffed

Persons may be approached and questions asked

Nothing

Arrest

Answer 17

Persons may be approached and questions asked

Question 18

Question 18 of 25 - BPOC 10 Arrest, Search & Seizure
Black’s Law Dictionary defines _____________ as a detailed list of articles of assets containing a designation or description of each specific article.

Search warrant

Commitment

Capias

Inventory

Answer 18

Inventory

Question 19

Question 19 of 25 - BPOC 10 Arrest, Search & Seizure
An Officer can frisk - if the situation calls for it; if there is reasonable fear that the suspect may be in possession of a weapon. The case law surrounding these facts is:

Smith v Dickerson

Missouri v Brown

Terry v Ohio

Roe v Wade

Answer 19

Terry v Ohio

Question 20

Question 20 of 25 - BPOC 10 Arrest, Search & Seizure

In ____________ v. ______________ the U.S Supreme Court said, “In the absence of other effective measures the following procedures to safeguard the Fifth Amendment privilege must be observed: The person in custody must, prior to interrogation, be clearly advised of their rights.

Ohio v. Mapp

U.S. v. Mendenhall

Miranda v. Arizona

Terry v. Ohio

Answer 20

Miranda v. Arizona

Question 21

Question 21 of 25 - BPOC 10 Arrest, Search & Seizure
________________ is generally considered to be that area of open space surrounding a dwelling which is so immediately adjacent to the dwelling that it is considered part of the house.

Open area

Yard

Curtilage

Attachment

Answer 21

Curtilage

Question 22

Question 22 of 25 - BPOC 10 Arrest, Search & Seizure
Examples of suspicion are?

Taste only

Hear,Taste only

Smell only

What you see,hear and smell

Hear, Smell only

Answer 22

What you see,hear and smell

Question 23

Question 23 of 25 - BPOC 10 Arrest, Search & Seizure
Who may, without a warrant, arrest an offender when the offense is committed in his presence or within his view, if the offense is one classed as a felony or an offense against the public peace?

Only a peace officer

Only a magistrate

Only a private citizen

A peace officer or any other person

Answer 23

A peace officer or any other person

Review: CCP (14.01) OFFENSE WITHIN VIEW. (a) A peace officer or any other person, may, without a warrant, arrest an offender when the offense is committed in his presence or within his view, if the offense is one classed as a felony or as an offense against the public peace.

Question 24

Question 24 of 25 - BPOC 10 Arrest, Search & Seizure

The level of proof required to obtain a search warrant is

reasonable belief.

Beyond a reasonable doubt

Clear and convincing evidence.

Preponderance of evidence.

Probable cause.

Answer 24

Probable cause.

Review: CCP (18.01) SEARCH WARRANT. (b) No search warrant shall issue for any purpose in this state unless sufficient facts are first presented to satisfy the issuing magistrate that probable cause does in fact exist for its issuance. A sworn affidavit setting forth substantial facts establishing probable cause shall be filed in every instance in which a search warrant is requested. Except as otherwise provided by this code, the affidavit becomes public information when the search warrant for which the affidavit was presented is executed, and the magistrate’s clerk shall make a copy of the affidavit available for public inspection in the clerk’s office during normal business hours.

Question 25

Question 25 of 25 - BPOC 10 Arrest, Search & Seizure
Which of the following is a “rule of evidence” developed by the United States Supreme Court that states that evidence is not admissible against an accused person if an officer’s search violates the Fourth Amendment of the Constitution?

The corpus delicti rule

The Warren rule

Exclusionary rule

The Carroll doctrine

Answer 25

Exclusionary rule