Exam (elaborations)
TLETA POST TEST QUESTIONS AND ANSWERS
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TLETA POST TEST QUESTIONS AND ANSWERS
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TLETA POST TEST QUESTIONS AND ANSWERSWhat is in the bill of rights? - answers -first 10 amendments to the constitution:
1. Freedom speech, press, assembly, petition govt, religion
2. Guns!
3 no quartering soldiers unless you want to
4. Search and seizure
5. Right remain silent, grand jury indictment, due process of law, double jeopardy
6. Due process- speedy trial, jury, counsel, venue
7. Civil suits (exceed $20.00)
8. Cruel/unusual punishment and excessive bail
9. Anything not in the constitution does not mean you lack the right
10. Not delegated in constitution is regulated to the states
What does the 4th amendment say? - answers -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.
What is a brief encounter? - answers -"hey can i talk to you?"
Person free to leave
What is a brief detention? - answers -"hey stop"
Person no longer free to leave. Need rs and is a brief detention to rule in or rule out any
criminality.
What is reasonable suspicion? - answers -when you can articulate specific facts, taken
together with rational inferences from those facts, that would lead a reasonable leo to
think a crime is being committed, was committed, or had been committed
What is a terry frisk? - answers -a pat down of the body and outer clothing for weapons
that is justified by an officer's belief that a suspect is armed and dangerous (designed to
find weapons)
What is probable cause? - answers -exists where the facts and circumstances within a
leos knowledge and of which they had reasonable, trustworthy information are sufficient
in themselves to warrant a person of reasonable caution in the belief thay an offense
has been, is about to, or is being committed
(bench mark is the average citizen, can arrest here and request sw)
What is a seizure? - answers -when a reasonable person feels they are not free to leave
(blue lights is a seizure in tn)
,What is the scope of a seizure? - answers -1. Purpose
2. Physical intrusion on liberty
3. Length of time
How is reasonable expectation of privacy judged? - answers -katz test
1. Person exhibited an actual expectation of privacy
2. One society is prepared to accept as reasonable
What are the exceptions to the 4th amendment search warrant? - answers -1. Consent
2. Exigent circumstances
3. Plain view
4. Incident to arrest
5. Frisk (terry search)
6. Open fields
7. Protective sweep
*pc is not an exception to a search warrant
What is the exclusionary rule? - answers -evidence obtained illegally cannot be used
against a person in court
What are exceptions to the exclusionary rule? - answers -1. Good faith exception
2. Inevitable discovery rule
When does miranda apply? - answers -1. Custody
2. Interrogation
3. Agent of the government
How many flashlights should a police officer carry? - answers -one is none, two is
enough (minimum of 2)
How many people does it take to secure a perimeter around a structure? - answers -2
What are the 2 types of steering? - answers -shuffle and slip
What are the 3 tests for dui sfst? - answers -1. Horizontal gaze nystagmus
2. Walk and turn
3. One leg stand
What is the tca for running emergency vehicle operations? - answers -55-8-108
What are passive safety devices? - answers -safety devices always on in the vehicle:
airbags, headrest etc.
What are active safety devices? - answers -safety devices we have to activate: seatbelt,
body armor, securing equipment, vehicle maintenance, defensive driving etc.
, What is the tca for deadly force? - answers -39-11-620
What is the tn state court system derived from? - answers -english common law and an
offspring of n. Carolina interpretation
What is the legal hierarchy in tn? - answers -everything starts with the u.s. constitution
(base/floor), states can give more protection but not less. Tn laws are t.c.a. hierarchy is
comprised of u.s. constitution, state constitution and laws.
What are the steps in the state court system? - answers -1. Arrest
2. General sessions
3. Grand jury
4. Trial
5. Appeal
How many times is probable cause checked for? - answers -3 times.
1. At initial appearance before a magistrate (examination before commitment)
2. At the preliminary hearing in general sessions (this right can be waived)
3. At grand jury
Who issues an arrest warrant? - answers -magistrate (tca 40-5-101) which can be a
judge of the supreme court, judge of the circuit and criminal courts, judicial
commissioners, judges of general sessions, city judges with g.s. Jurisdiction (most don't
have this), and juvenile court judges
What are the factors to determine admissibility of identification in suspect identification?
- answers -1. Opportunity of witness to see the criminal at the time of the crime
2. Degree of witness attention
3. Accuracy of and prior description (clothing differences state v. Jennings)
4. Level of certainty demonstrated by witness
5. Time span btwn crime and confrontation (needs to be nearly immediately- 20 minutes
at most)
*all factors establish reliability
What makes a good show up/line up/photo line up? - answers -discuss with da, 6 or
more choices, one suspect, suspect need to have same general characteristics, high
quality if photo, no incarcerated photos, document results
How many copies of warrants are needed? - answers -1. Court copy filed after is has
been returned and signed by the judge
2. Copy for place to be searched left with defendant
3. Judges copy
(should make sure you have one too)
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