Exam (elaborations)
OPOTA ARREST, SEARCH, AND SEIZURE QUESTIONS AND ANSWERS / LATEST
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OPOTA ARREST, SEARCH, AND SEIZURE QUESTIONS AND ANSWERS / LATEST
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OPOTA ARREST, SEARCH, AND SEIZURESPO #1 Purpose of the Fourth Amendment to the United States Constitution -
ANSWERS-The purpose of the Fourth Amendment to the United States
Constitution is to establish/guarantee rights relating to arrests, searches, and
seizures of persons
SPO #2 A person is seized... - ANSWERS-A person is seized only when, in view of
all circumstances surrounding the incident, a reasonable person would believe he
was not free to leave
SPO #2 A reasonable person would believe he was not free to leave when being
seized. Courts look at - ANSWERS-1. Threatening presence of several officers
2. Display of a weapon by an officer
3. Some physical touching of the person
4. The use of language or tone of voice indicating that compliance with officer's
request might be compelled
SPO #3 Probable Cause defined - ANSWERS-Probable cause exists when 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
SPO #3 Probable Cause to arrest - ANSWERS-1. The law has been violated
2. The person about to be arrested committed that unlawful act
, SPO #4 Explain when an officer can use the rationale from Terry - ANSWERS-Using
the rationale from Terry, an officer may detain an individual based upon the
officer's reasonable, articulable suspicion that a criminal act was being planned or
was in the process of being committed
SPO #5 Requirements be a Terry pat-down/frisk - ANSWERS-1. Officers are
required to articulate reasonable suspicion that the suspect is armed
2. The suspect poses a threat to them
SPO #6 Plain feel doctrine - ANSWERS-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
SPO #6 Stipulations to the plain feel doctrine - ANSWERS-1. Only applies when the
identity of the object is immediately apparent to the officer from its shape and
the way it feels
2. When the incriminating nature of the object is immediately apparent, seizing it
does not invade the suspect's privacy beyond what is allowed in a Terry frisk
3. The officer may not seize an object that is unmistakably not a weapon, if
determining its identity requires further manipulation
4. When determining if an object requires further manipulation, an additional
invasion of privacy is necessary, and that is not permitted under terry
6. Once it is determined that an object is not a weapon, the search must stop
unless there is a warrant, probable cause for arrest, or consent is obtained
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