Exam (elaborations)
TLETA Week 2 – Questions With Complete Solutions
TLETA Week 2 – Questions With Complete Solutions
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TLETA Week 2 – Questions With Complete SolutionsWhat level of proof needed for a traffic stop Correct Ans -
reasonable suspicion
Can you detain based off of mere suspicion Correct Ans - No
Info passed on by CI needs info to be predictive and have Correct Ans -
valid reasonable suspicion
Do courts look at two prong test to establish reasonable suspicion?
Correct Ans - Yes, but not as stringently
At what point is suspect "seized"? Correct Ans - As soon as police
display authority (blue lights)
A person is not "seized" until Correct Ans - physically restrained or
voluntarily complies
If we aren't enforcing the law, we are under a Correct Ans - care
taking function
How is caretaker function legal? Correct Ans - 1. RS that person is
need of assistance
2. Consensual Encounter
For what reasons can you search a vehicle w/o a warrant? Correct Ans
- Consent, Incident to arrest, frisk, plainview, inventory, exigent
circumstances
Consent must be... Correct Ans - freely, voluntarily, and knowingly
given
Person giving consent must have what? Correct Ans - Standing with
that vehicle (exp driver)
If there is conflicting consent from two standing parties to search a vehicle,
can you still search? Correct Ans - Yes, but anything that is found in
the vehicle can only be charged to person who gave consent
, How many people are needed to give consent? Correct Ans - one
When can consent be withdrawn or limited? Correct Ans - anytime
search incident to arrest requires Correct Ans - lawful custodial
arrest
Is a search incident to arrest limited? Correct Ans - no
During search of vehicle with incident to arrest, once suspect is secure; can
you search passenger compartment? Correct Ans - No, unless there
is reason to believe that evidence of the crime for which the arrest was
made will be found.
Frisk of car consists of... Correct Ans - Visual sweep of passenger
compartment and only areas that may conceal a weapon
For plainview of a vehicle, the illegal object must be Correct Ans -
immediately obvious
Inventory can only be done if vehicle is being what? Correct Ans -
towed
Why does the Carroll Doctrine allow us to search a vehicle without a
warrant? Correct Ans - Its due to the exigency of the inherent
mobility of a motor vehicle.
If it has been days since a vehicle was towed and seized due to a crime, can
it still be searched without a warrant? Correct Ans - Yes, as long as
there was a solid and secure chain of custody
Civil Liability is a Correct Ans - financial transaction
Liability wise, instead of use of force, we should Correct Ans -
respond to resistance
To win a case, we need to be what about our actions? Correct Ans -
Reasonable, justified, articulate, and defensible
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