3. Arrest Search and Seizure (25 Q) Flashcards
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
Race
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.
The plain-view doctrine.
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
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 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.
reasonable suspicion.
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
All listed
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.
Suspicion
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
All listed
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
All listed
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
all listed
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.
A weapon on or about his person that can be used to cause injury or death.
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
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 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.
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 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
curtilage area
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
All listed
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)
Katz v. U.S., 389 U.S., 347 (1967)
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
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 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
Persons may be approached and questions asked
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
Inventory
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
Terry v Ohio
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
Miranda v. Arizona
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
Curtilage
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
What you see,hear and smell
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
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 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.
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 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
Exclusionary rule
