OPOTA 2.3 Arrest, Search and Seizure question and answers

OPOTA 2.3 Arrest, Search and SeizureThe purpose of the Fourth Amendment of the United States Constitution - correct answer to establish rights relating to arrests, searches, and seizures of persons A Person is Seized Only When... - correct answer In view of all of the circumstances surrounding the incident, a reasonable person would believe that he/she was not free to leave Probable Cause Exists When... - correct answer The facts and circumstances within the officer's knowledge and of which he/she 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 When an Officer Can Use the Rationale From Terry to Detain a Person - correct answer An officer may detain an individual based upon the officer's reasonable, articulable suspicion that criminal activity was being planned or was in the process of being executed The Requirements Which Must Be Established Before a Terry Pat Down/Frisk - correct answer • Officers are required to articulate a reasonable belief that the suspect is armed AND • The suspect poses a threat to them The Plain Feel Doctrine - correct answer • While an officer may not search for objects other than weapons 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 Elements Necessary to Constitute an Arrest - correct answer 1. Intent, the intention of the arresting officer to take someone into custody is one of the basic elements that distinguishes an arrest from lesser forms of detention 2. Authority, the restraint on the liberty of the individual must be either under actual authority of an officer or under assumed authority of an officer 3. Seizure, the actual or constructive seizure or detention of the person by submission or by physical restraint 4. Understanding, the person arrested understands that he/she is arrested