Arrest, Search, and Seizure

Question 1

A person is seized only when…….

Answer 1

In the view of all the circumstances surrounding the incident a, a reasonable person would believe that he/she was not free to leave

Question 2

When does probable cause exist?

Answer 2

The facts and circumstances within the officer’s knowledge and of which she/he has reasonably trustworthy information sufficient to warrant a person to believe that an offense has been, or is being, committed by the person to be arrested

Question 3

Using the Terry rationale, an officer may detain an individual based upon what?

Answer 3

The officers reasonable articulable suspicion that criminal activity was being planned or was in the process of being planned

Question 4

What are the two requirements that must be established before a “Terry” frisk/pat down are performed?

Answer 4

1) . Officers are required to articulate a reasonable belief that the suspect is armed AND…..
2) . The suspect poses a threat to them

Question 5

What is the purpose of the fourth amendment?

Answer 5

Establish rights relating to arrest,search, and seizure

Question 6

Describe the plain feel doctrine

Answer 6

While an officer may not search for objects other than a weapon on a Terry stop, if the officer feels an object that he/she immediately recognizes as contraband, it may be seized even if he/she knows it is not a weapon

Question 7

Elements necessary to constitute an arrest:

Answer 7

• Intent to arrest,
• Under real or assumed legal duty,
• Accompanied by an actual or constructive seizure or detention of the person,
• which is understood by the person

Question 8

To justify a warrantless, nonconsensual entry into a private dwelling in order to make an arrest there must be:

Answer 8

Exigent circumstances that must exist which demand an immediate response

Question 9

An arrest warrant may be executed in the home of a third party provided:

Answer 9

• There is also a warrant to search the premises for the person to be arrested OR
• The officer has consent to enter OR
• There are exigent circumstances

Question 10

Hot/fresh pursuit is defined as:

Answer 10

Pursuit, without unreasonable interruption, of a person who is trying to avoid arrest

Question 11

List the sources of information to establish probable cause to make a warrantless arrest

Answer 11

• Personal observations
• Informants tips
• Reports from other officers/departments
• Leads furnished by the victim/witnesses to crime
• Physical evidence at the scene
• Past criminal records of suspect
• Non-custodial statements made by a suspect

Question 12

What are the different types of searches?

Answer 12

Full searches based on probable cause w/ a search warrant or recognized exception
Limited weapons searches (ex. frisks/protective sweeps)
Inventory (not really a search) an admin function to protect property, department, and officer

Question 13

What area can an officer search after making a lawful arrest?

Answer 13

The area within the person’s immediate control at arrest location

Question 14

What are the three criteria needed for the plain view exception to the search warrant requirement?

Answer 14

1. ) Officers must be legally on the premises from where observation is made
2. ) Incriminating nature of the item must be immediately apparent
3. ) Officers must have a lawful right of access to object

Question 15

When can police search a vehicle and the containers within it?

Answer 15

When probable cause exists that contraband or evidence is in the vehicle or its containers

Question 16

In order for an officer to conduct a protective sweep of a vehicle the officer must….(two parts)

Answer 16

The officer must articulate a reasonable suspicion that the vehicle contains some type of weapon AND
The suspect or some other person reasonably has access to that weapon

Question 17

What are the five factors used to determine if an inventory search of a vehicle is reasonable?

Answer 17

1) . Vehicle is lawfully impounded
2) . Inventory conducted after impoundment
3) . Vehicle owner was not present to make arrangements for safekeeping of vehicle
4. ) Inventory was prompted by valuables in plain view and within police procedure
5) . Inventory was not an excuse to conceal an investigatory search

Question 18

How does an officer know when a consent to search is valid?

Three parts

Answer 18

1. ) Whether consent was given voluntarily
2. ) The person giving consent has authority to do so
3. ) No other person present, with authority, has refused