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MN POST Test Questions with Correct Answers.
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MN POST Test Questions with Correct Answers.
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MN POST Test Questions with Correct AnswersWeeks v. US (1914) Correct Answer-Exclusionary rule
- warrantless seizure of items from private residence violates 4th
Amendment
Terry v. Ohio (1968) Correct Answer-"Stop and Frisk"
police may:
- stop a person if they have reasonable suspicion that the person
committed, or is about to commit, a crime
- frisk the suspect for weapons if they have reasonable suspicion that the
person is armed and dangerous
Reasonable Suspicion Correct Answer-a suspicion based on specific
facts, training, and experience; less than probable cause
Probable cause to arrest Correct Answer-facts and circumstances that
would cause a reasonable person to believe that a crime has been
committed and a particular person has committed it
Probable cause to search Correct Answer-facts and circumstances that
would cause a reasonable person to believe that a evidence/property is
located in a particular place to be searched
frisk Correct Answer-an over-the-clothes pat-down or minimal search by
police to discover weapons
,Chimel v. California (1969) - "Chimel Rule" Correct Answer-arresting
officers are limited to searches within the immediate vicinity/control of
the suspect being arrested; any other search requires warrant
Mapp v. Ohio (1961) Correct Answer-Extended the Exclusionary Rule
to the states
Carroll v. U.S. (1925) - "Carroll Doctrine" Correct Answer-Automobile
exception
- warrantless search of a car does not violate 4th Amendment, if there is
PC to believe evidence a crime is present in vehicle, and exigent
circumstances exist to believe vehicle could be moved before warrant is
obtained
Gideon v. Wainwright (1963) Correct Answer-Right to counsel
- extended right to counsel during criminal trial to the states
Escobedo v. Illinois (1964) Correct Answer-Right to counsel
- criminal suspects have a right to counsel during police interrogations
Miranda v. Arizona (1966) - "Miranda Warning" Correct Answer-law
enforcement required to give formal warning advising criminal suspects
in custody of their rights, before interrogation
In re Gault (1967) Correct Answer-Due process
- 14th Amendment Due Process Clause applies to juveniles
,In re Winship (1970) Correct Answer-Due process
- established burden of "proof beyond a reasonable doubt" as standard in
all federal and state cases
- removed "preponderance of evidence" standard previously used in
juvenile delinquency proceedings
Roper v. Simmons (2005) Correct Answer-unconstitutional to impose
capital punishment for crimes committed while under 18
Atkins v. Virginia (2002) Correct Answer-unconstitutional to impose
capital punishment on people with intellectual disabilities
Tennessee v. Garner (1985) Correct Answer-Deadly force may not be
used against an unarmed and fleeing suspect unless necessary to prevent
the escape and unless the officer has probable cause to believe that the
suspect poses a significant threat of death or serious injury to the officers
or others
Graham v. Connor (1989) Correct Answer-Use of Force "Objective
Reasonableness" standard
- judged from the perspective of a reasonable officer on the scene
- factors:
1. severity of crime at issue
2. suspect poses immediate threat to safety of officers or others
3. actively resisting arrest or attempting to evade arrest by fleeing
, (other factors may be considered)
Scales v Minnesota (1994) Correct Answer-Recording requirement
(Minnesota only)
- custodial interrogation including Miranda warning, waiving of rights,
and all questioning shall be electronically recorded where feasible
- must be recorded when questioning occurs at place of detention
Herring v. US (2009) Correct Answer-Good faith exception
- exclusionary rule cannot be used to suppress illegally obtained
evidence if officer was acting on erroneous warrant in good faith
Whren v. US (1996) Correct Answer-any traffic offense committed by a
driver is a legitimate legal basis for a stop
Pena v Leombruni, US 7th Circuit (1999) Correct Answer-officer
justified in using deadly force against "crazy suspect" who posed
immediate threat of death or great bodily harm, regardless of suspect's
mental state
City of Canton, Ohio v. Harris (1989) Correct Answer-municipalities
may be liable for inadequate training of employees, but only when
"failure to train amounts to deliberate indifference" to the public's
constitutional rights
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