Exam 3 Missed Questions

Question 1

A warrantless vehicle stop is a reasonable 4th amendment seize if the officer

Answer 1

has an objectively justifiable basis for the stop: ie reasonable suspicion or probable cause.

During a legal stop the officer can order the passanger and driver out of the vehicle.

Question 2

Deadly force can be used in self def. when a person: (2)

Answer 2

1. actually and reasonably believes that such force is necessary to prevent imminent serious harm or death.
   AND
2. when the person is not the initial aggressor.

There is gen. no duty to retreat before using such force- especially when a person is inside his/her home.

Question 3

A statue permitting warrantless administrative searches of a highly regulated industries is valid if:

Answer 3

1. its purpose concerns a sub. gov. interest,
2. warrantless searches are necessary to further that purpose
   AND
3. it is a constitutionally adequate substitute for a warrant.