Sergeants Exam 2019

Question 1

Search and Seizure

Answer 1

4th amendment

Question 2

What rules are established in the 4th amendement

Answer 2

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Question 3

Freedom of expression and religion

Answer 3

1st amendment

Question 4

What does the 1st amendment outline

Answer 4

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Question 5

Rights of Persons in criminal prosecutions

Answer 5

5th amendement

Question 6

What does the 5th amendment outline

Answer 6

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Question 7

Rights of Accused in Criminal Prosecutions

Answer 7

6th Amendment

Question 8

What is the 6th amendment

Answer 8

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence

Question 9

What is the 8th amendment

Answer 9

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Question 10

Further Guarantees in Criminal Cases

Answer 10

8th amendment

Question 11

Terry vs. Ohio

Answer 11

If a police officer has a ‘reasonable suspicion’ based on specific articulable facts that a person or persons has committed, is committing, or is about to commit a crime and “may be armed and presently dangerous,” police may stop them and perform a surface search — a frisk or pat down.

Question 12

Graham vs. Connor

Answer 12

In Graham, the Supreme Court established what has become known as the “objectively reasonable standard” when it held that “the ‘reasonableness’ of a particular use of force must be judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight.”

Question 13

Tennessee v. Garner

Answer 13

In Garner, the court held that when a police officer is pursuing a fleeing suspect, he or she may NOT use deadly force to prevent escape “unless the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others.” This decision, which reversed a Tennessee statute which allowed the use of deadly force on any fleeing felon — even those who posed no imminent danger to anyone

Question 14

Weeks v. U.S.

Answer 14

In this 1914 case, the Court established the ‘exclusionary rule’ when it held that evidence seized by federal authorities in violation of an individual’s Fourth Amendment rights may not be used against them in a criminal prosecution

Question 15

Exclusionary Rule

Answer 15

a law that prohibits the use of illegally obtained evidence in a criminal trial

Question 16

Carroll v. United States

Answer 16

The Court held that if officers have a probable cause that an automobile contains evidence of a crime, the vehicle in question can be searched without a warrant.

Question 17

Exception to Carroll v. United States

Answer 17

where the securing of a warrant is reasonably practicable, it must be used.

Question 18

Arizona v. Johnson

Answer 18

“An officer’s inquiries into matters unrelated to the justification for the traffic stop, this Court has made plain, do not convert the encounter into something other than a lawful seizure, so long as those inquiries do not measurably extend the duration of the stop.”

Question 19

Arizona v. Gant

Answer 19

The Court held that a search of the passenger compartment of a vehicle following an arrest is allowed “only if [1] the arrestee is within reaching distance of the passenger compartment at the time of the search or [2] it is reasonable to believe the vehicle contains evidence of the offense of arrest.

Question 20

Pennsylvania v. Mimms

Answer 20

A police officer ordering a person out of a car following a traffic stop and conducting a pat-down to check for weapons did not violate the Fourth Amendment

Question 21

What is a Case Law

Answer 21

The law as established by the outcome of former cases

Question 22

Maryland vs. Wilson

Answer 22

A police officer ordering a person out of a car following a traffic stop and conducting a pat-down to check for weapons did not violate the Fourth Amendment as this applies to passengers.

Question 23

Chimel v. California

Answer 23

(a) An arresting officer may search the arrestee’s person to discover and remove weapons and to seize evidence to prevent its concealment or destruction, and may search the area “within the immediate control” of the person arrested, meaning the area from which he might gain possession of a weapon or destructible evidence