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TLETA POST Test Study Material Class 1943 – Qs & As
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TLETA POST Test Study Material Class 1943 – Qs & AsWhat is in the Bill of Rights? Correct Ans - 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? Correct Ans - 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? Correct Ans - "hey can I talk to you?"
person free to leave
what is a brief detention? Correct Ans - "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? Correct Ans - 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? Correct Ans - 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? Correct Ans - 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? Correct Ans - 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? Correct Ans - 1. purpose
2. physical intrusion on liberty
3. length of time
how is reasonable expectation of privacy judged? Correct Ans -
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?
Correct Ans - 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? Correct Ans - evidence obtained
illegally cannot be used against a person in court
what are exceptions to the exclusionary rule? Correct Ans - 1. good
faith exception
, 2. inevitable discovery rule
When does Miranda apply? Correct Ans - 1. custody
2. interrogation
3. agent of the government
When does Miranda not apply? Correct Ans - 1. not in custody
2. person volunteers info
3. general scene questions
4. most traffic stops
5. routine booking questions
6. if questioning is done by private persons (no police guidance)
7. public safety rule (where's the gun)
8. rescue doctrine
9. inevitable discovery
what case determined the use of force standard? Correct Ans -
Graham v. Connor
- objective reasonable standard based on info the officer had at the time,
severity of the crime, danger to officer, risk of flight
what are the Graham factors? Correct Ans - 1. severity of the crime
2. How did they actively resist
3. Did the suspect pose an immediate threat to the officer or others
4. fleeing from arrest
5. number of suspects v. officers
6. age, size, gender etc.
7. suspects known violence/ psychiatric history
8. officer time to react
Totality of the Circumstances Standard w/ ORT
what are the grounds for arrest by officer without a warrant (40-7-103)?
Correct Ans - 1. offense committed in officer presence
2. committed felony, not in officer presence
3. felony has been committed and officer had reasonable cause to believe
person arrested did it
4. on a charge made upon reasonable cause of commission of a felony by
person arrested
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