Sergeants Exam Prep with Questions Solved
100% Correct| Verified Answers
major misdemeanors and felonies are the same for what course of action the officer deems
appropriate - ✔✔issue citation, arrest or continue custody
Rule 3 exceptions - ✔✔failure to ID
arrest necessary to obtain NTO
prevent continuation of the offense
no ties to community
failed to appear
major misdemeanors for pre-trial conditions of release - ✔✔travel, curfew, contact and
operating a motor vehicle
law enforcement officers are commanded to arrest a suspect on a warrant - ✔✔without
unnecessary delay
fugitive from justice need three criteria plo - ✔✔positively id the person
state must be willing to extradite
crime must be punishable for a term exceeding 1 year
police may make a warrantless arrest (no arrest warrant or search warrant) if a subject steps
into the - ✔✔threshold
summons - ✔✔is a court order based on probable cause and is issued by a judge. The subject
is not taken into custody
,Search defined - ✔✔an intrusion (however slight) by an agent of the government into an
area where a person has a legitimate and reasonable expectation of privacy that society is
willing to recgoonize
Katz v United States - ✔✔fourth amendment was intended to protect people not places
(phone booth surveillance)
from the Katz decision was born the... - ✔✔expectation of privacy
expectation of privacy a citizen must: - ✔✔1. have a legitimate "subjective" PERSONAL
expectation of privacy society is willing to recognize
2. must be objectively reasonable, the expectation of privacy must be one SOCIETY as a WHOLE
would consider reasonable
Seizure defined - ✔✔a seizure of property occurs when there is some meaningful
interference with an individuals possessor interest in that property
In order for an officer to obtain a search warrant they must develop probable cause in two
areas: - ✔✔1. a crime has been committed
2. evidence of that crime will be found in the place to be searched
search warrant will be executed between the hours of - ✔✔0600-2200
Exculpatory evidence - ✔✔all evidence must be included in the search warrant affidavit even
if it goes AGAINST your case and hurts your probable cause
exculpatory evidence two prong test - ✔✔would the Judge think this information is
important
can the defense attorney attack this omission later claiming it was material
, Anytime warrant can only be issued by a - ✔✔Judge
three type of warrants for entry execution - ✔✔Knock and announce
delay after knock and announce
No knock warrants
the purpose of the pat down is to conduct a limited search for weapons nothing else...eyeglass
example - ✔✔During a pat down and officer feels a hard object and removes the object.
Once the eyeglass container is removed the officer cannot open and further search the case
without a warrant. Once the officer identifies the object the search ends.
Consent...two questions an officer must ask - ✔✔1. does the person have the authority to
give the consent
2. was the consent given voluntarily
A consent search cannot exceed the terms of the consent which are set b the consenting party -
✔✔you can search my bedroom but you can not go through my dresser
A person can withdrawal consent - ✔✔at any time
No overrides yes in consent - ✔✔...
owner vs operator, who has the power to give consent - ✔✔once a person allows another to
take control of their vehicle the operator gives up their expectation of privacy and the operator
would have the ultimate ability to give consent
search incident to arrest - ✔✔an officer can conduct a full search of a subject after an arrest .
This search must be done contemporaneously to arrest
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