Police Authority or Discretion Flashcards

1
Q

________________give police officers the authority to enforce the law and make arrests for violations of the law.

A

T.C.A. 38-3-103 and 38-3-108

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2
Q

An off-duty officer or an officer traveling to or from work is not considered on duty for the department but is considered on call for the department. True of Flase?

A

True

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3
Q

The response of an off-duty officer to a criminal act will necessarily depend on all of the circumstances of the situation including, but not limited to,

A

whether the officer is in a department vehicle, whether the officer is in uniform, whether the officer is armed, whether the officer is equipped with a radio, etc.

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4
Q

__________mandates that Miranda warnings be given when the investigation begins to focus on a suspect or suspects, and the interrogation reaches an accusatory state.

A

Escobedo v. Illinois

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5
Q

Line-ups must be conducted using persons having physical characteristics similar to the suspect. All line-ups must be documented as to ______________.

A

date, time, place, names of participants and names of witnesses.

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6
Q

As a general rule, a photo line-up containing four photos would be reasonable and fair. True of False?

A

False, 6

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7
Q

In determining whether a summons should be issued the officer should:

A

a. Decide whether the offense committed is of a serious nature.
b. Make a judgment as to whether the accused poses a danger to the public or him/herself.
c. Make a decision, based on the totality of the circumstances, whether the person may disregard a summons or citation.
d. Follow department policy and procedure.

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8
Q

When establishing probable cause, a police officer shall usually consider the following items of criteria:

A

a. The personal, direct observations by the officer.
b. Information received from another officer or other officers.
c. Information received from a witness or witnesses.
d. Information received from the victim or victims.
e. Information received from informants.
f. The suspect’s response.
g. Incriminating statements.
h. Erroneous statements by a suspect.
i. Contradictory statements by a suspect.
j. Evasive answers by a suspect.

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