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Sergeant Exam | Questions And Answers Latest {2024- 2025} A+ Graded | 100% Verified


Probable Cause - Facts and circumstances that would lead a reasonable and prudent person to believe a
crime has, was or is about to be committed



consensual encounters - require no justification



investigative detention - require reasonable suspicion



arrests - require a showing of probable cause



for the purpose of the 4th amendment and article 11 an investigative detention is considered a - seizure



Reasonable suspicion defined - some level of suspicion greater than a mere suspicion or hunch but less
than probable cause



An officer may detain a person for - a reasonable amount of time or the time necessary to confirm the
officers articulable facts to support or deny suspicion of criminal activity



During an investigative detention people are NOT required by law to identify themselves to police
officers - People are not required to identify themselves to officers during a detention



Title 23 VSA 1012 states - operators of a motor vehicle must identify themselves to a law enforcement
officer (obedience to law enforcement officers)



non-moving violations of title 23 and other civil offenses i.e. title 7 alcohol offenses are not covered by -
Title 23 VSA 1012 therefore operators would not be required to identify themselves in these situations



State V Pierce - Officers have the right to detain witnesses

,Officers can employ force to a subject to gain , compliance during investigative detentions - least
intrusive means



Totality of the circumstances examples to consider - nature of the crime under investigation

degree of suspicion

location of stop time of day



State V Simoneau - Officers can handcuff during investigative detentions



Frisk or pat-down two prong test - 1. Officer must have a reasonable belief that the person is armed
with a weapon

2. Officer must have reasonable fear the person may harm the officer or another person



Scope of a pat down or frisk - is a limited search for weapons to ensure the safety of the officer or
another person and should only consist of a patting or crushing of the outer garments. Officers can
remove hard objects that could be used as a weapon i.e. handgun, knife, pen, keys



Instantly recognizable during a pat down means - officer may seize an item discovered during a pat-
down if it is immediately recognizable as contraband ie plain feel doctrine



State v Lamb states - Police may stop a vehicle based on little more than reasonable suspicion



Pretext stops - Vermont has not ruled on this so officers should be cautious



State v Sprague - Officers cannot order operators or passengers out of a vehicle without articulating that
by ordering the individuals out of the vehicle is necessary to protect the officer or others or a crime has
been committed



Probable cause defined - facts and circumstances that would lead a reasonable and prudent person to
believe that a crime has, was or is about to be committed....MORE LIKELY THAN NOT



State v Brown - MORE LIKELY THAN NOT

, Arrest defined - a confrontation and intrusion based on probable cause for the purpose of processing
into the system



Continued Custody - the arraignment of the person or jailing of the person to await arraignment



Probable cause is normally derived from - -officer investigation

-information from average citizen

Information from a confidential informant.



Aguillar-Spinelli Two prong test - determines the validity of hearsay information

1. Basis of knowledge

2. Veracity



Hearsay exceptions (Don't need Two prong test) - Excited utterances

Then or pre-existing mental, emotional or physical condition

Dying declaration



Exclusionary Rule ultimate goal - to deter police misconduct

to preserve judicial integrity



fruit of the poisonous tree - evidence that is discovered during an UNconsitutional search, as well as ALL
other evidence that is discovered will be suppressed



Exceptions to the exclusionary rule - inevitable discovery and independent source



inevitable discovery - evidence obtained illegally would have been inevitably discovered by lawful means
than it may be admissible in court

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